Finley v. Steenkamp

OPINION

SAM J. DAY, Justice.

I. INTRODUCTION

In this appeal, we must decide whether giving presuit notice of a health care liability claim to a health care provider as required by section 4.01 of the Medical Liability and Insurance Improvement Act (“the Act”) tolls the statute of limitations applicable to a non-health care provider defendant on a related negligence claim. Tex.Rev.Civ. Stat. Ann. art. 4590i, § 4.01(a), (c) (Vernon Supp.2000). We must also determine whether the trial court abused its discretion in dismissing a health care liability claim with prejudice after the plaintiff failed…