Evans v. Conlee

OPINION

NYE, Chief Justice.

This is an appeal from a summary judgment granted against a plaintiff in a medical malpractice suit. The trial court granted the summary judgment based upon the statute of limitations in Tex.Rev.Civ.Stat. Ann. art. 4590i, § 10.01 (Vernon Supp. 1987). We reverse the judgment of the trial court and remand the case for a trial on the merits.

Appellant first consulted appellee doctor on May 14, 1981, because of non-malignant fibrocyctic masses in both of her breasts. On June 18, 1981, appellee performed a bilateral subcutaneous mastectomy on appellant. Apparently, when…