Cathey v. Booth

On Application FOR Wmt of Error to the Court of Appeals for the Sixth District of Texas

The Texas Tort Claims Act requires a claimant to provide a governmental unit with formal, written notice of a claim against it within six months of the incident giving rise to the claim; however, the formal notice requirements do not apply if the governmental unit has actual notice of the claim. Tex.Civ.Prac. & Rem.Code § 101.101. In this cause, we consider whether a hospital may receive actual notice of a claim against it from its own medical records. We conclude that, for a hospital to have actual notice,…