Del Rio v. Jinkins

OPINION

NYE, Chief Justice.

In this medical malpractice case, Roberto Del Rio appeals from a summary judgment granted in favor of his doctor and the medical group of which his doctor was a member. The summary judgment was granted solely on the ground that Del Rio filed his suit outside the statutory limitations period. Because a fact issue exists on whether or not Del Rio knew or should have known that his injury was allegedly caused by Dr. Jinkins’ negligence, we reverse and remand this case for trial.

Del Rio alleged in his petition that Dr. Jinkins negligently performed radiation treatment on…