E-Mail Satisfies Notice Requirement, Rules Texas Supreme Court

Summary

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A government hospital was subjectively aware of its role in the death of the plaintiff after her surgeon e-mailed his supervisor, who forwarded the message to the Chief of Surgery, and therefore the plaintiff satisfied the state's notice requirements, the Texas Supreme Court has ruled.

A woman underwent hernia surgery at a state hospital. She died three days later as a result of a perforated bowel. Her surgeon e- mailed his supervisor after the woman returned to the emergency room and explained what happened. His supervisor forwarded the message to the Chief of Surgery and risk management was also notified.

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E-Mail Satisfies Notice Requirement, Rules Texas Supreme Court

When the woman's family filed suit, the hospital moved to dismis...

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