Hellman v. Mateo

ON MOTION FOR REHEARING

Donna Marie Heilman appeals from a take-nothing summary judgment rendered in a medical malpractice suit brought against Dr. Luis Mateo. The trial court granted Mateo’s motion for summary judgment based upon the two-year statute of limitations found in article 4590i of the Texas Medical Liability Insurance Improvement Act (“the Act”). Tex.Rev.Civ.Stat. Ann. art. 4590i, § 10.01 (Vernon 1987). The court of appeals affirmed, holding that Dr.. Mateo established, as a matter of law, that Heilman’s suit was barred by limitations. 751 S.W.2d 623. A majority of this court…