Shah v. Moss

in which Justice HECHT, Justice OWEN, Justice JEFFERSON and Justice RODRIGUEZ joined.

The issue in this case is whether limitations bars the plaintiffs medical mal*839practice claims. Ronald Moss sued Dr. Harshad G. Shah, claiming Dr. Shah negligently performed surgery on Moss’s right eye and neglected to provide adequate follow-up treatment. The trial court granted Dr. Shah’s summary-judgment motion, which alleged that Moss did not file suit within two years of the tort or breach, as the Medical Liability and Insurance Improvement Act requires. See Tex.Rev.Civ. Stat. art. 4590i, § 10.01. The…