Brown v. Shwarts

in which PHILLIPS, Chief Justice, and ENOCH, SPECTOR, OWEN, BAKER and ABBOTT, Justices, join.

This case raises two questions concerning limitations on health care liability claims for negligent treatment of a child. First: if treatment occurred while the child was in útero, can limitations begin to run before birth? Second: if the child dies after being bom, when does limitations run? The lower courts held that plaintiffs’ wrongful death and survival claims were barred by limitations. Brown v. Shwarts, 929 S.W.2d 609 (Tex.App.—Waco 1996). We hold that only the wrongful death claim is barred…