https://www.law.com/texaslawyer/2024/03/11/brightline-rule-imperfect-pre-suit-med-mal-form-is-not-fatal-to-case/
Medical Malpractice Claim Credit: Vitalii Vodolazskyi/Adobe Stock“The court crafted a fair and simple solution to what has been an overly complex problem for both sides since the statute’s inception,” said plaintiff’s attorney Collin D. Cobb.
March 11, 2024 at 01:40 PM
4 minute read
What You Need to Know
- The Texas Supreme Court created a bright-line rule on the availability of tolling for pre-suit med-mal forms with errors.
- The court held that courts cannot deny plaintiffs the 75-day tolling period because the pre-suit form has omissions or errors.
- However, the court said if the omissions are deliberate or in bad faith, plaintiffs can be sanctioned.
Adhering to the maxim “perfection is the enemy of progress,” the Texas Supreme Court created a bright-line that provides leeway on mandatory medical malpractice pre-suit notifications.
Justice Jeffrey Boyd was the lone dissent, arguing the majority moved away from precedent and judicially rewrote the statute.
You Might Like
7 minute read
4 minute read
2 minute read
4 minute read
Trending Stories
-
Featured Firms
Law Offices of Gary Martin Hays & Associates
P.C.75 Ponce De Leon Ave NE Ste 101
Atlanta,
GA 30308(470) 294-1674
www.garymartinhays.com
Law Offices of Mark E. Salomone
2 Oliver St #608
Boston,
MA 02109(857) 444-6468
www.marksalomone.com
Smith & Hassler
1225 N Loop W #525
Houston,
TX 77008(713) 739-1250
www.smithandhassler.com
Presented by BigVoodoo
More From ALM
Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
From Data to Decisions
Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends.
Exclusive Depth and Reach.
Law.com Compass includes access to our exclusive industry reports, combining the unmatched expertise of our analyst team with ALM’s deep bench of proprietary information to provide insights that can’t be found anywhere else.
Big Pictures and Fine Details
Law.com Compass delivers you the full scope of information, from the rankings of the Am Law 200 and NLJ 500 to intricate details and comparisons of firms’ financials, staffing, clients, news and events.
ANSELL GRIMM & AARON
03/04/2024
New Jersey Law Journal
Welcome Judge Joseph Quinn (Ret.) The Honorable Joseph P. Quinn, J.S.C., retired New Jersey Superior Court Judge, served for 23 years in the court s Civil, Chancery, and Family Divisions, where he was a strong proponent of mediation and alternate dispute resolution. As the head of Ansell.Law s mediation practice, Judge Quinn provides a valuable resource to parties seeking a final and efficient resolution of their disputes. ANSELL GRIMM & AARON, PC 732-922-1000 https://ansell.law/
View Announcement ›
