SCHEPPS v. PRESBYTERIAN HOSP. OF DALLAS

No. 21110.

638 S.W.2d 156 (1982)

David Joe SCHEPPS, et al., Appellants, v. PRESBYTERIAN HOSPITAL OF DALLAS, et al., Appellees.

Court of Appeals of Texas, Dallas.

Rehearing Denied August 23, 1982.


Attorney(s) appearing for the Case

William R. Eddleman, Gary Shane Pfleeger, Dallas, for appellants.

Gerald H. Grissom, Thompson & Knight, C. Steven Matlock, Jackson, Walker, Winstead, Cantwell & Miller, Dallas, for appellees.

Before AKIN, ALLEN and GUILLOT, JJ.


GUILLOT, Justice.

This is an appeal from a summary judgment in a medical malpractice case wherein appellant was denied relief because he failed to comply with the sixty day notice provision of the Medical Liability and Insurance Improvement Act of Texas, Tex. Rev. Civ. Stat. Ann. art. 4590i, § 4.01 (Vernon Supp. 1982). The question before this court is whether the notice requirement is mandatory or merely directory. We hold that the Act requires that any person...

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