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Brightline Rule: Imperfect Pre-Suit Med-Mal Form Is Not Fatal to Case

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Brightline Rule: Imperfect Pre-Suit Med-Mal Form Is Not Fatal to Case



Brightline Rule: Imperfect Pre-Suit Med-Mal Form Is Not Fatal to Case | Texas Lawyer
















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https://www.law.com/texaslawyer/2024/03/11/brightline-rule-imperfect-pre-suit-med-mal-form-is-not-fatal-to-case/

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

Adolfo Pesquera

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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.

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