Civil Practice & Remedies Code § 74.051 – Notice of Health Care Liability Claim

Table of Contents

• Code Details
• Exact Statute Text
• Civil Practice & Remedies Code § 74.051 Summary
• Purpose of Civil Practice & Remedies Code § 74.051
• Real-World Example of Civil Practice & Remedies Code § 74.051
• Related Statutes
• Case Law Interpreting Civil Practice & Remedies Code § 74.051
• Why Civil Practice & Remedies Code § 74.051 Matters in Personal Injury Litigation

Code Details

CIVIL PRACTICE AND REMEDIES CODE

TITLE 4. LIABILITY IN TORT

CHAPTER 74. MEDICAL LIABILITY

Exact Statute Text

Click to view the complete statute text

NOTICE. (a) Any person or his authorized agent asserting a health care liability claim shall give written notice of such claim by certified mail, return receipt requested, to each physician or health care provider against whom such claim is being made at least 60 days before the filing of a suit in any court of this state based upon a health care liability claim. The notice must be accompanied by the authorization form for release of protected health information as required under Section 74.052.

(b) In such pleadings as are subsequently filed in any court, each party shall state that it has fully complied with the provisions of this section and Section 74.052 and shall provide such evidence thereof as the judge of the court may require to determine if the provisions of this chapter have been met.

(c) Notice given as provided in this chapter shall toll the applicable statute of limitations to and including a period of 75 days following the giving of the notice, and this tolling shall apply to all parties and potential parties.

(d) All parties shall be entitled to obtain complete and unaltered copies of the patient’s medical records from any other party within 45 days from the date of receipt of a written request for such records; provided, however, that the receipt of a medical authorization in the form required by Section 74.052 executed by the claimant herein shall be considered compliance by the claimant with this subsection.

(e) For the purposes of this section, and notwithstanding Chapter 159, Occupations Code, or any other law, a request for the medical records of a deceased person or a person who is incompetent shall be deemed to be valid if accompanied by an authorization in the form required by Section 74.052 signed by a parent, spouse, or adult child of the deceased or incompetent person.

Added by Acts 2003, 78th Leg., ch. 204, Sec. 10.01, eff. Sept. 1, 2003.

Civil Practice & Remedies Code § 74.051 Summary

This Texas statute outlines a critical preliminary step required before filing a lawsuit for a health care liability claim, commonly known as medical malpractice. It mandates that any individual or their authorized representative planning to sue a physician or health care provider must provide them with written notice of the claim. This notice must be sent via certified mail, return receipt requested, at least 60 days before the lawsuit is officially filed in court. A crucial component of this notice is an accompanying authorization form for the release of protected health information, as specified in Civil Practice & Remedies Code § 74.052.

The statute further requires that once a lawsuit is filed, all parties involved must affirm their compliance with these notice and authorization requirements and be prepared to offer proof if requested by the court. A significant benefit of sending this notice is that it temporarily extends, or “tolls,” the statute of limitations for the claim by 75 days, protecting the claimant’s right to file suit. Additionally, the statute ensures that all parties can access complete medical records from each other within 45 days of a request, with the claimant’s submission of the required authorization form counting as compliance for their part in this exchange. For claims involving deceased or incompetent individuals, the statute specifies who can validly sign the medical record authorization.

Purpose of Civil Practice & Remedies Code § 74.051

The primary legislative intent behind this section of the Civil Practice & Remedies Code is to encourage early resolution of health care liability claims and streamline the litigation process. By mandating a 60-day notice period before a lawsuit can be filed, the law provides physicians and health care providers with an opportunity to investigate the claim, gather relevant medical records, and potentially engage in settlement discussions outside of court. This proactive approach can lead to quicker resolutions, reduce the burden on the court system, and potentially lower legal costs for all parties involved.

Moreover, the requirement to include a medical authorization form facilitates the prompt exchange of necessary protected health information. This early access to medical records allows both the claimant and the provider to more thoroughly evaluate the merits of the claim and prepare their respective cases from the outset. The tolling provision for the statute of limitations ensures that claimants are not penalized for adhering to this pre-suit notice requirement, offering a brief extension to account for the mandatory waiting period. Ultimately, this statute aims to foster transparency, encourage good-faith negotiation, and promote the efficient handling of complex medical liability disputes in Texas.

Real-World Example of Civil Practice & Remedies Code § 74.051

Imagine Sarah undergoes a routine surgery, but due to alleged negligence by Dr. Lee and the hospital staff, she suffers a severe, unexpected complication that requires additional extensive treatment and leaves her with permanent impairment. Sarah believes she has a health care liability claim against Dr. Lee and the hospital.

Before she can file a lawsuit in a Texas court, Sarah’s attorney must comply with Civil Practice & Remedies Code § 74.051. Her attorney drafts a written notice of her claim, detailing the alleged negligence and the resulting harm. This notice is then sent via certified mail, return receipt requested, to Dr. Lee and the hospital, indicating that Sarah intends to pursue a lawsuit. Accompanying this notice is a completed authorization form, allowing Dr. Lee and the hospital to access Sarah’s relevant medical records related to the incident.

This notice is sent on January 1st. Sarah’s attorney cannot file the actual lawsuit until at least 60 days later, meaning no earlier than March 2nd. If the statute of limitations for Sarah’s claim was set to expire on February 15th, the notice sent on January 1st would toll, or extend, that deadline by 75 days. This means the new deadline for filing her lawsuit would be April 16th (February 15th + 75 days), giving her and her attorney ample time to meet the 60-day notice requirement without losing her right to sue. During this 60-day period, Dr. Lee and the hospital can begin their investigation, review Sarah’s medical records, and potentially reach out to Sarah’s attorney to discuss a pre-suit settlement.

Related Statutes

Several other sections of the Texas Civil Practice & Remedies Code, particularly within Chapter 74 (Medical Liability), are closely linked to Section 74.051 and are crucial for understanding the full scope of medical malpractice litigation in Texas.

• Civil Practice & Remedies Code § 74.052 – Authorization Form for Release of Protected Health Information: This statute is directly referenced by § 74.051. It specifies the exact language and format required for the authorization form that must accompany the pre-suit notice. Without a compliant authorization form, the notice itself may be deemed insufficient.
• Civil Practice & Remedies Code § 74.251 – Statute of Limitations: This section establishes the deadlines for filing medical liability claims in Texas, generally two years from the date of the breach or treatment, or the date the injury is discovered, but no later than 10 years (statute of repose). Section 74.051(c) directly impacts § 74.251 by tolling (extending) the statute of limitations for 75 days after the pre-suit notice is given, providing crucial additional time for claimants.
• Civil Practice & Remedies Code § 74.351 – Expert Report: This statute requires claimants in health care liability cases to serve one or more expert reports within 120 days of filing suit. These reports must outline the standard of care, how it was breached, the causal link between the breach and the injury, and the damages. While not directly a pre-suit requirement like § 74.051, the information gathered during the § 74.051 notice period (especially through medical record exchange) is often vital for preparing these expert reports.
• Chapter 159, Occupations Code – Medical Records: Referenced in § 74.051(e), this chapter generally governs access to and confidentiality of medical records in Texas. Section 74.051(e) specifically overrides aspects of Chapter 159 to clarify who can authorize release of records for deceased or incompetent individuals in the context of health care liability claims.

Case Law Interpreting Civil Practice & Remedies Code § 74.051

Texas courts have frequently addressed the requirements and implications of Civil Practice & Remedies Code § 74.051, clarifying its application and the consequences of non-compliance.

• In *Carr v. Flegg*, 259 S.W.3d 211 (Tex. App.—Waco 2008, pet. denied), the court discussed the sufficiency of the notice and the concept of “substantial compliance.” The court determined that notice that substantially complies with the statute’s requirements can be sufficient, even if it contains minor technical defects, so long as it serves the statute’s purpose of informing the defendant of the claim.

* Link to Google Scholar search for *Carr v. Flegg*

• *Scripps Texas Health & Rehab. Ctr., L.P. v. Velez*, 190 S.W.3d 186 (Tex. App.—Austin 2006, pet. granted) emphasized the mandatory nature of accompanying the notice with a valid authorization form as required by § 74.052. The court indicated that failure to provide a proper authorization form could render the notice insufficient, potentially leading to the dismissal of the claim.

* Link to Google Scholar search for *Scripps Texas Health & Rehab. Ctr., L.P. v. Velez*

• *University of Texas Health Center at San Antonio v. Riaz*, 312 S.W.3d 601 (Tex. App.—San Antonio 2009, pet. denied), is often cited regarding the tolling provision of § 74.051(c). This case confirmed that the 75-day tolling period applies to all parties and potential parties, effectively extending the statute of limitations for medical malpractice claims once proper notice is given.

* Link to Google Scholar search for *University of Texas Health Center at San Antonio v. Riaz*

These cases illustrate that while the notice requirement aims to foster early resolution, its strict procedural components are actively enforced by Texas courts.

Why Civil Practice & Remedies Code § 74.051 Matters in Personal Injury Litigation

Civil Practice & Remedies Code § 74.051 is a foundational and often critical first step in Texas health care liability claims, profoundly impacting personal injury litigation involving medical malpractice. For both plaintiffs and their legal representatives, strict adherence to this statute is non-negotiable. Failure to provide proper and timely notice, accompanied by the correct medical authorization form, can lead to the dismissal of a lawsuit, regardless of the merits of the underlying claim. This makes understanding and meticulously following the statute’s provisions paramount for anyone pursuing a medical malpractice case.

For plaintiffs, this statute offers a crucial opportunity for early information exchange. The 60-day pre-suit period allows their legal team to formally inform the potential defendants of the claim, effectively opening a line of communication. The mandatory medical record exchange during this period is invaluable, enabling plaintiffs to gather necessary evidence to build a strong case or to identify weaknesses before incurring significant litigation costs. The 75-day tolling of the statute of limitations is also a significant benefit, providing a safety net that accounts for the mandatory waiting period and prevents claims from expiring due to procedural compliance.

For defense attorneys and health care providers, the notice requirement provides an early warning system. It allows them to promptly investigate the allegations, preserve evidence, interview staff, and assess potential liability without the immediate pressure of an active lawsuit. This pre-suit window can be used for initial settlement negotiations, potentially avoiding costly and time-consuming litigation altogether. Understanding the nuances of this statute, including what constitutes “sufficient” notice and authorization, is vital for defendants to effectively respond to claims and protect their interests.

Ultimately, § 74.051 shapes the strategy for both sides in medical liability cases, emphasizing early communication, information sharing, and procedural compliance as cornerstones of the Texas personal injury legal landscape.