Schepps v. Presbyterian Hospital of Dallas

GUILLOT, Justice.

This is an appeal from a summary judgment in a medical malpractice case wherein appellant was denied relief because he failed to comply with the sixty day notice provision of the Medical Liability and Insurance Improvement Act of Texas, Tex. Rev. Civ. Stat. Ann. art. 4590i, § 4.01 (Vernon Supp. 1982). The question before this court is whether the notice requirement is mandatory or merely directory. We hold that the Act requires that any person asserting a health care liability claim must give written notice by certified mail to each physician or health care provider against…