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BURDETT v. METHODIST HOSPITAL

Civ. A. No. 5-79-023-H.

484 F.Supp. 1338 (1980)

Dorothy M. BURDETT, Plaintiff, v. METHODIST HOSPITAL, Defendant.

United States District Court, N. D. Texas, Lubbock Division.

March 4, 1980.

Attorney(s) appearing for the Case

Robert D. Kizer, Lubbock, Tex., C. Barry Crutchfield, Templeman & Crutchfield, Lovington, N. M., for plaintiff.

William R. Moss, Crenshaw, Dupree & Milam, Lubbock, Tex., for defendant.

OPINION

SANDERS, District Judge.

This case requires the court to construe the notice of claim provision § 4.01(a) in the Medical Liability and Insurance Improvement Act of Texas, Tex.Rev.Civ.Stat.Ann. art. 4590i (Vernon Supp.1980) (the "Act"). The issue is whether a plaintiff's failure to give notice of a health care liability claim to the defendant 60 days before filing suit, as required by this statute...

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