Burdett v. Methodist Hospital

OPINION

SANDERS, District Judge.

This case requires the court to construe the notice of claim provision § 4.01(a) in the Medical Liability and Insurance Improvement Act of Texas, Tex.Rev.Civ.Stat.Ann. art. 4590i (Vernon Supp.1980) (the “Act”). The issue is whether a plaintiff’s failure to give notice of a health care liability claim to the defendant 60 days before filing suit, as required by this statute, will result in dismissal of the suit. The Court holds failure to give notice of the claim does not bar suit on the claim.

Erie requires a federal court to decide this case as it believes a…