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Thomas v. Ben Taub General Hospital

Texas Revised Civil Statutes article 4590i '13.01 is mandatory, and where a plaintiff fails to satisfy one of the procedural options available, a trial court has no discretion to hear a plaintiff's medical malpractice suit.

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AFFIRMED AND OPINION FILED NOVEMBER 1, 2001.

OPINION

Appellant, George Thomas, filed a medical malpractice suit pro se against appellees Ben Taub General Hospital and Baylor College of Medicine, complaining that appellees were negligent in treating Thomas’ injuries and that appellees failed to obtain Thomas’ informed consent to the surgical amputation of his toes. A liberal reading of Thomas’ brief suggests that he raises two appealable complaints: (1) the trial court erred in dismissing his suit for want of prosecution, and (2) the trial court erred in failing to reinstate his claims. Because Thomas did not follow the statutory procedural requisites for filing a medical malpractice suit, we affirm the judgment of the trial court.

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