DeRuy v. Garza

Opinion by:

PHIL HARDBERGER, Chief Justice.

Elizabeth DeRuy appeals the trial court’s granting of summary judgment in favor of Dr. Homero Garza on her medical malpractice claim. In a sole point of error, DeRuy argues that the trial court erred in granting summary judgment upon its finding that her suit was barred by limitations. We reverse and remand.

I

DeRuy was referred to Garza, a gas-troenterologist, by Dr. Mark Thornton, her primary care physician, on October 10, 1990 for complaints of pain in the abdominal area. In December of 1990, Garza performed an endoscopy and biopsies, and recommended…