Texas Supreme Court

Jose Carreras, M.d., P.a., Petitioner v. Carlos Francisco Marroquin, Respondents

April 1, 201154 Tex. Sup. Ct. J. 788

Summary

The Texas Supreme Court held that under Chapter 74 of the Texas Civil Practice and Remedies Code, both the statutory pre‑suit notice and the accompanying authorization form are required to toll the statute of limitations for a health‑care liability claim. Because the plaintiffs failed to provide the authorization form before the limitations period expired, their wrongful‑death claims were untimely and the court reversed the appellate court, granting summary judgment for the physician.