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SCHEPPS v. PRESBYTERIAN HOSP. OF DALLAS

No. C-1591.

652 S.W.2d 934 (1983)

David Joe SCHEPPS et al., Petitioners, v. PRESBYTERIAN HOSPITAL OF DALLAS, Respondent.

Supreme Court of Texas.

Rehearing Denied July 20, 1983.

Attorney(s) appearing for the Case

Carp & Eddleman, William R. Eddleman, Dallas, for petitioners.

Jackson, Walker, Winstead, Cantwell & Miller, C. Steven Matlock, Thompson & Knight, Richard E. Gray and Gerald H. Grissom, Dallas, for respondent.

KILGARLIN, Justice.

Two issues are presented by this case. Is the notice provision contained in the Medical Liability and Insurance Improvement Act,1 which requires giving sixty days notice prior to filing suit, mandatory? If so, what is the appropriate remedy when a plaintiff fails to give notice?

Mr. and Mrs. Schepps filed this suit against Presbyterian Hospital of Dallas and Patterson S. Reaves, M.D., alleging their malpractice...

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