[Download] "Dora Delgado Et Vir v. Dr. J. C. Burns" by Supreme Court of Texas No. C-2097 # Book PDF Kindle ePub Free
eBook details
- Title: Dora Delgado Et Vir v. Dr. J. C. Burns
- Author : Supreme Court of Texas No. C-2097
- Release Date : January 20, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
Dora Delgado appeals from a take-nothing summary judgment rendered in a medical malpractice suit brought against Dr. J. C. Burns. The trial court granted the defendant-physician's motion for summary judgment based upon the two-year statute of limitations found in TEX. INS. CODE ANN. art. 5.82, § 4.1 The court of appeals affirmed, holding that the discovery rule is inapplicable to medical malpractice actions controlled by article 5.82. 650 S.W.2d 505. We reverse the judgments of the courts below and remand the case to the trial court for trial on the merits. The underlying facts have been stipulated by the parties. Dr. Burns performed a hysterectomy on Mrs. Delgado on October 9, 1975. She was released from the hospital on October 18, 1975. Her last post-operative check-up was December 8, 1975.