PETITION STATEMENT
It is UNconstitutional to bar a minor's right to sue when they become the age of majority, 18 plus 2 years. The age of 14 is not the age of majority and is UNconstitutional as a statue of limitations in a medical malpractice case!
PETITION BACKGROUND It is UNconstitutional to bar a minor's right to sue when they become the age of majority, 18 plus 2 years. The Texas Supreme Court needs to reverse their decision to uphold the minor of repose and cancel out a minor's right to sue if it's been more than 10 years!!!!The statute provides that minors under the age of 12 have until their 14th birthday to file a claim. This has been declared unconstitutional. It is generally believed that the two-year statute of limitation for minors will not begin to run until they reach 18 years of age. The TEXAS Supreme Court used to protect minor's rights! Although the statute says that the two-year time period begins to run against minors at age twelve, the Texas Supreme Court held that similar language in the predecessor statute was unconstitutional, allowing those whose claims accrued before their eighteenth birthdays to sue at any time until age twenty! Now the TEXAS Supreme Court has upheld the statue of repose that bars a minor from suing once they turn 18 of more than 10 years have passed. This is unAmerican and should still be held unconstitutional! Tort Reform is a conflict of interest that supports the medical community, NOT the citizens. Tort reform caps have not saved doctors any money except in less settlement owed to their injured patients. They have a duty to DO NO HARM!! It has just allowed them to practice without regard to duty of care. Please stop the injustice of the Texas Statute of Repose and reverse the law so a minor may still have a right to an Open Court and I support Justice Lehrmann dissent on the ruling in 2014! The open courts provision of the Texas Constitution ensures that all litigants receive the opportunity to redress
their grievances and receive their day in court. Tex. Const. Ann. art. 1, § 13; Odak v. Arlington Mem’l Hosp. The statue of repose violates this provision! Our children deserve their day in court and their voices to be heard!!
