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Texas Supreme Court hears challenge over when malpractice clock starts in gender‑affirming‑care case
Summary
In Altocco v. Wood, petitioner’s counsel told the Supreme Court of Texas that the two‑year limitations period for health‑care‑liability claims should not run until an injury exists, arguing a referral letter that preceded surgery did not start the clock; several justices questioned whether that reading would force plaintiffs to sue before they had standing.
The Supreme Court of Texas heard argument in Altocco v. Wood on whether the two‑year limitations period for health‑care‑liability claims begins when a referring letter is written, when treatment is completed, or when an allegedly harmful surgery occurs.
Mister Raymer, arguing for petitioner, told the court the limitations period "does not begin to run before the claimant is even insured," and urged the justices to read the statute to require an injury before the clock starts. Raymer emphasized the facts of the case involved gender‑affirming care in which a therapist’s required certification letter preceded the later surgery. "The letter was the gateway to the injury," Raymer said, arguing that the letter created the causal link that later allowed a…
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