Hand v. Tavera

OPINION

PEEPLES, Justice.

In this medical malpractice case, plaintiff Lewis Hand appeals from a take-nothing summary judgment rendered on the sole ground that defendant Dr. Robert Tavera owed him no duty because the two never had a physician-patient relationship. We conclude that Tavera did not refute the existence of a physician-patient relationship as a matter of law, and therefore we reverse and remand for further proceedings.

We review the summary judgment evidence favorably to the nonmovant Hand under the familiar standards summarized in Nixon v. Mr. Property Management, 690 S.W.2d 546, 548…