Jose Carreras, M.D., P.A. v. Marroquin
Texas Supreme Court
1Opinion of the CourtJustice Wainwright
In this dispute, parents brought wrongful death claims against a physician who allegedly caused their adult child’s death. The parents attempted to toll the statute of limitations by sending pre-suit notice of their health care liability claims to the physician shortly before the statute of limitations ran, but failed to accompany it with an authorization form for the release of their daughter’s medical information as required by Chapter 74 of the Texas Civil Practice and Remedies Code. After the parents filed suit, the doctor moved for summary judgment, arguing that the notice alone did not…
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