Finley V. Steenkamp

In this appeal, we must decide whether giving presuit notice of a health care liability claim to a health care provider as required by section 4.01 of the Medical Liability and Insurance Improvement Act ("the Act") tolls the statute of limitations applicable to a non-health care provider defendant on a related negligence claim. Tex. Rev. Civ. Stat. Ann. art. 4590i, § 4.01(a), (c) (Vernon Supp. 2000). We must also determine whether the trial court abused its discretion in dismissing a health care liability claim with prejudice after the plaintiff failed to timely file an expert report with the defendant health care provider, as required by section 13.01 of the Act. Id. § 13.01(d), (e).