In Methodist Healthcare System of San Antonio v. Rankin, the Texas Supreme Court upheld the constitutionality of the 10-year statute of repose found in Chapter 74. Under the statute, there is an absolute bar to claims made more than 10 years following the event giving rise to the suit.
In a lengthy defense of statutes of repose generally, the court found that the legislature had the right to restrict all claims after 10 years, even where, as in this case, there was no way for the plaintiff to have known of the negligence. By so holding, the court has ended any debate about the constitutionality of this provision. Based on the rational of the opinion, it would appear that the statute of repose would likely also be constitutional as applied to a minor who never had an opportunity to bring a claim after the age of majority. Although this question is not directly answered in the court’s opinion, the rational would support such a finding.
This adds another layer of complexity to the already procedurally complex healthcare liability area of practice. This case will likely most apply to retained object cases, failure to diagnose cases, and cases involving minors and the mentally incompetent. Of course, the court, while extensively discussing the hardship of unlimited potential liability on the physicians, insurance companies, and hospitals, the court makes only passing reference to the difficulties endured by those who had no way of knowing of the negligence or no legal right to bring a claim in the first place (in the case of minors and incompetents). While a court should give deference to the intent of the legislature, a court should recognize that the Texas Constitution is intended to provide a check on the exercise of power. Certainly the should consider the protection of the reasonably unaware and the legally unable before giving a blank endorsement of statutes of repose.
The lawyers at The McIver Law Firm are singularly focused on this complex area of practice. If you have a healthcare liability claim, contact us for a case evaluation or to discuss a referral.