Chilkewitz v. Hyson

in which Chief Justice PHILLIPS, Justice HECHT, Justice ENOCH, Justice BAKER, Justice ABBOTT, Justice O’NEILL and Justice GONZALES joined.

We grant, in part, Morton I. Hyson, M.D., P.A.’s motion for rehearing, withdraw our opinion dated June 17, 1999, and substitute the following in its place.

Section 10.01 of article 4590i establishes a two-year statute of limitations for medical malpractice actions, which applies “notwithstanding any other law.” Tex. Rev.Civ. Stat. Ann. art. 4590i, § 10.01 (Vernon Supp.1999). The question in this case is whether Texas Rule of Civil Procedure 28, which permits…