33rd / 424th District Courts

Facts: P filed suit prior to giving the 60-day notice required under Section 4.01(a) of Article 4590i (R.C.S.) (now Sect 74.051, CP&RC). D filed Motion to Abate and also sought abatement of all other statutorily imposed deadlines during the same 60 days, such as the 180 days within which to file an expert report.

Ruling: The abatement also extends those deadlines.
Rationale: See Hagedorn, 73 s.W.3d 341 (Amarillo) and Campbell, 44 S.W.3d
647 (Dallas) which are on opposite ends of the argument. Followed Campbell's reasoning and ruling.


[Med-Mal Notice and HB4|Also see this ruling] where the premature filing bridged across the effective date of the HB4 reforms on Sept. 1, 2003.