Bruce Weiner, M.d., Petitioner v. Emmanuel Wasson, Respondent

Summary

The Texas Supreme Court held that section 10.01 of the Medical Liability and Insurance Improvement Act is unconstitutional as applied to minors because it violates the open courts provision of the Texas Constitution, declined to apply the reasonable‑time rule to a minor plaintiff, and applied the general two‑year limitations period after the minor reaches age eighteen under §§16.001 and 16.003. The Court affirmed the appellate judgment and remanded for further proceedings; Justice Owen dissented, arguing the statute is constitutional when the parent is competent.