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Re: Birth defect legal questionFrom: Robert J. Carpenter, Jr. MD (zygote@icsi.net)Sun Jan 30 14:03:42 2005
Joe, the subject matter of the case is interesting as a case of first impression in La. In Texas due to Chapter 74 of the Civil Procedures and Remedies Code which replaced 4590i, the old medical malpractice act in Texas, the statute of limitations with respect to the maternal claim would run from the date of the first Rx and not from the date of the child's birth. Certainly due to the minority issue, liability runs for child until 18+2. There is a statute of repose (10 years) in the new and the old statute, but it has never been tested as a means to remove from a minor its 18+2 interval for filing medmal action. In 2/04, I was sued (frivously) for an U/S done in the County Hospital in 1985! If others have information concenring practices in their own states, it would be interesting to hear. Yes, Efrain, this is medicine! Regards to all, RJC On 30 Jan 2005 at 11:37, Efrain Ramirez wrote:
> Agree with Art - how about Cystic Fibrosis on a CVS?
-- Robert J. Carpenter, Jr. MD 6624 Fannin, #2720 St. Luke's Medical Tower Houston,TX 77030-2339 713-795-4600
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