Carreras v. Marroquin, et al.

Parents brought claims against a physician who allegedly caused their adult daughter’s death. The parents attempted to delay the expiration of the statute of limitations by sending a pre-suit, notice of their claims shortly before their filing deadline expired. The notice was not accompanied by a form allowing the doctor access to the daughter’s medical information as required by the health care liability law. After the parents filed suit, the doctor moved for summary judgment, arguing that the notice did not delay the parents filing deadline, resulting in the suit being barred as untimely. The Texas Supreme Court held that the health care liability law requires a medical records authorization form to accompany the notice in order to toll the time deadlines. The Court rendered judgment that the parents take nothing.

from The Texas Lawyer