Texas Civil Practice & Remedies Code - Section 74.051. Notice
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Texas Laws > Civil Practice & Remedies Code > Texas Civil Practice & Remedies Code - Section 74.051. Notice
Section: 73.004 73.005 73.006 74.001 74.002 74.003 74.004 74.051 74.052 74.053 74.101 74.102 74.103 74.104 74.105
§ 74.051. 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, § 10.01, eff. Sept. 1,
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Last modified: August 11, 2007