Fred Myles v. St. Luke's Episcopal Hospital, 2015 WL 3485680

Myles sued St. Luke’s Episcopal Hospital for injuries sustained during admission.
Myles was admitted April 7, 2010, discharged April 20, 2010, and later transferred to the Institute for Rehabilitation and Research.
Myles gave presuit health care liability notice and authorization on April 3, 2012.
Myles filed suit on June 21, 2012, more than two years after discharge.
The trial court granted summary judgment, holding the claim time-barred because presuit notice did not toll the limitations period.
Court reviews summary judgments de novo and applies a tolling analysis under Chapter 74 of the Texas Civil Practice and Remedies Code.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether presuit notice tolls the statute of limitations.	Myles argues form substantially complied with 74.052/fourth.	Hospital argues form failed to identify treating physicians and non-applicable parties, so tolling fails.	No; form insufficient to toll the limitations period.

Mitchell v. Methodist Hosp., 376 S.W.3d 833 (Tex. App.—Houston [1st Dist.] 2012) (tolling requires complete statutory compliance to preserve presuit investigation rights)
Mock v. Presbyterian Hospital of Plano, 379 S.W.3d 391 (Tex. App.—Dallas 2012) (one blank error did not defeat tolling when overall form complied)
Rabatin v. Kidd, 281 S.W.3d 558 (Tex. App.—El Paso 2008) (older standard before Carreras; improper form may toll depending on context)
Carreras v. Marroquin, 339 S.W.3d 68 (Tex. 2011) (to toll, notice and authorization must both be provided)