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Copyright (c) 2003 Southern Methodist University
SMU Law Review


Summer, 2003

56 SMU L. Rev. 1767


Thomas Wm. Mayo*


DESPITE much turmoil in the health care industry, the past Survey year was a relatively quiet one for health law developments in Texas, even for a non-legislative year. To some extent, the year has been at least as notable for the cases that were not decided as for the ones that were. One important case - Ramirez v. McIntyren1 - was decided by the Austin Court of Appeals during the early part of the current Survey year and was significant enough to be included in last year's Texas Survey.n2 The case had been at the Supreme Court of Texas for fourteen months before it was argued, n3 however, and a decision is probably still months away. A similar fate appears to have befallen a case argued to the supreme court on the April 3, 2002: n4 HCA, Inc. v. Miller ex rel. Miller. n5 The year has offered up some important cases, though, and even a little drama.


A. Abortion
In 1999, the legislature enacted chapter 33 of the Family Code, a "parental-notification" law that requires physicians to notify parents of a minor at least forty-eight hours before performing an abortion.n6 The notification requirement does not apply, however, if an immediate abortion is needed to save the life of the minor or to protect her from serious bodily harm, n7 or if the minor has obtained a judicial bypass of the notification requirement. n8 The judicial bypass procedure requires the trial court ...
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