Sax v. Votteler

CORNELIUS, Chief Justice.

At times pertinent to this decision the Texas Insurance Code provided a two year limitation for filing malpractice suits against physicians carrying medical liability insurance. 1 Unlike the general limitations statutes, this statute was not tolled during minority, except for the first six years of a claimant’s life. Mr. and Mrs. Bernard Sax and their daughter Lori Beth, attack the constitutionality of this statute on the grounds that it violates the open courts provision of the Texas Constitution, 2 and denies them due process of law and equal protection of the law…