Schepps v. Presbyterian Hospital of Dallas

KILGARLIN, Justice.

Two issues are presented by this case. Is the notice provision contained in the Medical Liability and Insurance Improvement Act,1 which requires giving sixty days notice prior to filing suit, mandatory? If so, what is the appropriate remedy when a plaintiff fails to give notice?

Mr. and Mrs. Sehepps filed this suit against Presbyterian Hospital of Dallas and Patterson S. Reaves, M.D., alleging their malpractice as to Robert Allen Sehepps, the Sehepps’ sixteen-year old son.2 Presbyterian Hospital and Dr. Reaves each moved for summary judgment, alleging that the Sehepps failed…