Methodist Healthcare System of San Antonio, Ltd., L.L.P., W.C. Schorlemer, M.D., and Robert Schorlemer, M.D. v. Emmalene Rankin

This case pits the ten-year statute of repose for healthcare-liability claims 1 against the Texas Constitution’s Open Courts provision. 2 We examine for the first time whether the latter saves a malpractice claim if the former has expired. The answer is no.

The Open Courts provision does not confer an open-ended and perpetual right to sue; it “merely gives litigants a reasonable time to discover their injuries and file suit.” 3 The Legislature may set an absolute cut-off point for healthcare suits, as it has for other suits, 4 so long as the repose period is a reasonable exercise of the…