 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
State v. Thirteenth Courth of Appeals6/5/1996
On Petition for Writ of Mandamus
The issue in this case is when does an eligible health care liability claim accrue for purposes of the effective date of Chapter 110 of the Texas Civil Practice and Remedies Code.Ricardo Barron was stabbed in the back in 1982. The knife blade broke off in his back. Dr. John Tucker treated Barron but did not notice the knife blade. In 1992, Barron returned to Tucker for treatment for unrelated injuries. The following year, another doctor treating Barron noticed the knife blade. Barron sued Tucker in 1994 for medical malpractice in failing to discover and remove the knife blade in 1982.
Texas Medical Liability Trust (TMLT), Tucker's insurer and the real party in interest in this proceeding, settled Barron's claim and requested indemnity from the State of Texas under section 110.002 of the Texas Civil Practice and Remedies Code. The State objected on several grounds, including that Barron's claim accrued before the effective date of Chapter 110. The trial court sustained the State's objection, without specifying its reasoning. TMLT sought mandamus from the court of appeals under section 110.006(b). Tex. Civ. Prac. & Rem. Code 110.006(b). The court of appeals concluded that Barron's claim accrued under the discovery rule in 1993, after the effective date of Chapter 110, when x-rays first revealed the knife in his back. The court of appeals conditionally granted mandamus directing the trial court to vacate its order and enter an order directing the State to indemnify TMLT. _____ S.W.2d _____. We agree with the State that Barron's claim accrued in 1982 and thus is not covered by the indemnification scheme authorized in Chapter 110. We conditionally grant the writ of mandamus.
The State of Texas provides indemnification of eligible health care liability claims asserted against certain health care professionals who provide a requisite amount of charity care. Tex. Civ. Prac. & Rem. Code Section(s) 110.001(2), 110.002. Under Chapter 110, an "eligible health care liability claim" is a "health care liability claim" as defined in the Medical Liability and Insurance Improvement Act of Texas, Tex. Rev. Civ. Stat. Ann. art. 4590i (Vernon Supp. 1996). As part of the indemnification scheme, the State mandated reductions in professional liability insurance premiums for health care professionals who provide the requisite charity care. Tex. Ins. Code Ann. art. 5.15-4 (Vernon Supp. 1996); State v. Pruett, 900 S.W.2d 335, 337 (Tex. 1995). The premium discount must reflect the insurer's reduced liability exposure based on the State's indemnification. Tex. Ins. Code Ann. art. 5.15-4; Pruett, 900 S.W.2d at 337.
The State's indemnification obligation extends only to causes of action accruing on or after January 1, 1990. Act of May 24, 1989, 71st Leg., R.S., ch. 1027, Section(s) 31, 1989 Tex. Gen. Laws 4128, 4149. Chapter 110 does not define when an eligible health care liability claim accrues. However, because Chapter 110 defines the claims subject to indemnification in terms of article 4590i, we look to that statute for guidance in determining if section 110.001 extends to Barron's cause of action against Tucker.
The time within which a suit on a health care liability claim must be commenced is set out in section 10.01 of article 4590i. Tex. Rev. Civ. Stat. Ann. art. 4590i, Section(s) 10.01. As we have observed in the past, that section does not contain the word "accrued" or any derivation of that word. Morrison v. Chan, 699 S.W.2d 205, 208 (Tex. 1985). We held in Morrison that the Legislature intentionally excluded the word "accrued" from section 10.01 and adopted an absolute statute of limitations to abolish the discovery rule in health
Page 1 2 3 Texas Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|