Texas Court Says Minor's Med Mal Claims Not Time-Barred

Law360, Dallas (April 8, 2015, 9:04 PM EDT) -- A Texas appeals court on Wednesday held that medical malpractice plaintiffs injured as minors are entitled to the same 75-day tolling period provided to other health care liability claimants, even if they have waited until becoming adults to sue.

The Fourth Court of Appeals said plaintiff Gabriela Lopez, who alleges she was injured when she was 12, can continue to pursue claims against the Doctors Hospital of Laredo and individual doctors who treated her in 2005, even though she filed suit more than two years after her 18th birthday. The court said because Lopez timely served presuit notice on the doctor,...

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