Johnson v. Abbey

OPINION

PAUL PRESSLER, Justice.

The plaintiff below appeals a summary judgment. Appellant alleged that appellee falsified anesthesia reports of a 1979 operation, causing him to be found liable for a $11.43 million medical malpractice judgment. The deciding issue is whether the discovery rule applies to cause the action not to accrue until shortly before this suit was filed in 1984. We hold that the discovery rule cannot be applied and appellant’s actions are barred by limitation. The decision is affirmed.

On June 4, 1979, Dr. Johnson performed outpatient surgery on Jill Newsome, an…