Mock v. Presbyterian Hospital of Plano
379 S.W.3d 391
| Tex. App. | 2012Background
- Appellants are the surviving husband and children of Judith I. Mock in a medical-malpractice case.
- Decedent was admitted to Presbyterian Hospital of Plano in December 2007 for evaluation and treatment of severe sciatica.
- Decedent had asthma, obstructive sleep apnea, and required a CPAP machine; clinicians knew of these conditions during treatment.
- Decedent was found unresponsive on December 16, 2007 and died; appellants filed suit for wrongful death on February 23, 2010.
- Appellants alleged pre-suit notices under Tex. Civ. Prac. & Rem. Code chapters 74.051–74.052; defendants argued notices were defective and did not toll the statute.
- The trial court granted a take-nothing summary judgment on limitations; appellants appealed challenging tolling eligibility.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a medical authorization form with one incorrect blank still triggers tolling. | Mock contends the form tracked the statutory text and satisfied purposes; one minor blank error does not defeat tolling. | Dusa argues that perfection is required; defective form fails to trigger tolling under Carreras. | Yes; tolling is triggered despite one incorrect blank in the form. |
Key Cases Cited
- Jose Carreras, M.D., P.A. v. Marroquin, 339 S.W.3d 68 (Tex. 2011) (tolling requires a proper medical authorization accompanying notice)
- Rabatin v. Kidd, 281 S.W.3d 558 (Tex.App.-El Paso 2008) (defective forms may toll if they satisfy legislative purpose)
- Mitchell v. Methodist Hosp., 376 S.W.3d 833 (Tex.App.-Houston 2012) (HIPAA authorization form not sufficient to trigger tolling)