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Wickware v. Sullivan

Medical Liability and Insurance Improvement Act '13.01(a)'s procedural deadline applies to the filing of subsection (o) affidavits because it is clear that the Legislature has determined that having a strict 90-day deadline for the posting of security for costs helps to reduce the filing of unmeritorious health care claims in the state.

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AFFIRMED

This is an appeal brought by pro se appellants from an order dismissing their health care liability claim for failure to comply with the security for costs requirements of the Medical Liability and Insurance Improvement Act of Texas (Article 4590i).

In an effort to protect health care providers from the costs of frivolous claims, Article 4590i requires medical malpractice claimants to post various forms of security within 90 days of filing suit. Indigent claimants who cannot afford to provide security bonds or escrow deposits are permitted to file affidavits establishing their inability to post security for costs. In this case, we are asked to determine whether such affidavits must be filed within 90 days of filing suit. Based upon the clear wording and stated purpose of Article 4590i, we answer the question affirmatively. Because appellants failed to file their affidavits within 90 days of filing suit, we affirm the trial court’s order of dismissal.

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