law-statute-of-repose | statute of limitations SoL |

STATUTES OF REPOSE

Methodist Healthcare Systems of San Antonio, Ltd. v. Rankin, No. 08-0316 (Tex. Mar. 12, 2010)(Willett)
(
statute of repose, health care liability claim, res ipsa loquitur)
METHODIST HEALTHCARE SYSTEM OF SAN ANTONIO, LTD., L.L.P., W.C. SCHORLEMER, M.D., AND ROBERT
SCHORLEMER, M.D. v. EMMALENE RANKIN; from Bexar County;
4th district (04-07-00305-CV, 261 SW3d 93, 03-05-08) 2 petitions  
The Court reverses the court of appeals' judgment and renders judgment.
Justice Willett delivered the opinion of the Court. [
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Electronic Briefs 08-0316 METHODIST HEALTHCARE SSYTEM OF SAN ANTONIO, LTD., L.L.P. v. RANKIN  
This case pits the ten-year statute of repose for healthcare-liability claims1 against the Texas Constitution’s Open
Courts provision.2 We examine for the first time whether the latter saves a malpractice claim if the former has
expired. The answer is no.
The Open Courts provision does not confer an open-ended and perpetual right to sue; it “merely gives litigants a
reasonable time to discover their injuries and file suit.”3 The Legislature may set an absolute cut-off point for
healthcare suits, as it has for other suits,4 so long as the repose period is a reasonable exercise of the
Legislature’s police power to act in the interest of the general welfare. The ten-year statute of repose at issue
adopts a constitutionally permissible policymaking judgment of the Legislature. Accordingly, we reverse the
judgment of the court of appeals and render judgment for the petitioners.