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BROWN v. SHWARTS

No. 96-1224.

968 S.W.2d 331 (1998)

Christina Michelle BROWN and Cecil Ted Brown, individually and on behalf of The Estate of Dillon Ray Brown, deceased, Petitioners, v. Kalman Jay SHWARTS, M.D., and Navarro Memorial Hospital, Inc. d/b/a Navarro Regional Hospital, Respondents.

Supreme Court of Texas.

Decided March 13, 1998.

Rehearing Overruled July 3, 1998.

Attorney(s) appearing for the Case

George (Tex) Quesada, Dallas, for Petitioners.

Kevin J. Keith, Jonathan B. Skidmore, Gregory W. Curry, Scott Patrick Stolley, Robert P. Crumpler, John H. Martin, Dallas, for Respondents.

HECHT, Justice, delivered the opinion of the Court, in which PHILLIPS, Chief Justice, and ENOCH, SPECTOR, OWEN, BAKER and ABBOTT, Justices, join.

This case raises two questions concerning limitations on health care liability claims for negligent treatment of a child. First: if treatment occurred while the child was in utero, can limitations begin to run before birth? Second: if the child dies after being born, when does limitations run? The lower...

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