Legal Opinion

Rabatin v. Kidd

Texas Court of Appeals, 8th District (El Paso)

Decided October 23, 2008No. 08-07-00137-CVPublishedCited by 25 opinions

1Opinion of the Court

OPINION

DAVID WELLINGTON CHEW, Chief Justice.

This is an appeal from a summary judgment based on the statute of limitations of the Texas Medical Liability Act. 1 Appel lants mailed the notice and medical authorization form as required to toll the statute of limitations, but the authorization form was defective. We reverse and remand.

FACTUAL AND PROCEDURAL BACKGROUND

Maria Rabatin was admitted to Sierra Medical Center on January 4, 2004, by Dr. Alfonso Chavez. She passed away on January 11, 2004, due to a perforated blood vessel during the insertion of a central line. Appellants sent a notice…

2Cases cited13 opinions

  1. KPMG Peat Marwick v. Harrison County Housing Finance Corp.Texas Supreme Court · 1999
  2. City of Rockwall v. HughesTexas Supreme Court · 2008
  3. Helena Chemical Co. v. WilkinsTexas Supreme Court · 2001
  4. Lexington Insurance Co. v. StrayhornTexas Supreme Court · 2006
  5. De Checa v. Diagnostic Center Hospital, Inc.Texas Supreme Court · 1993

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3Cited by25 opinions

  1. Jose Carreras, M.D., P.A. v. MarroquinTexas Supreme Court · 2011
  2. Wolfe v. Devon Energy Production Co.Court of Appeals of Texas · 2012
  3. Mock v. Presbyterian Hospital of PlanoCourt of Appeals of Texas · 2012
  4. Davenport v. Adu-LarteyCourt of Appeals of Texas · 2017
  5. Adam M. Borowski, M.D., Brian D. Bull, M.D., and Hillcrest Family Health Center v. Karen Ayers, Individually and as Representative of the Estate of Daryl Lynn Ayers, and Ethan Ayers, Texas Court of Appeals, 10th District (Waco)2016

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