Bottoms v. Smith

OPINION

O’NEILL, Justice.

This is an appeal from a summary judgment in favor of appellees in a medical malpractice action. In one point of error, appellants argue that summary judgment was improvidently granted because there exist genuine issues of material fact. We reverse and remand for a trial on the merits.

I.Background

On June 16, 1986, Sammie R. Bottoms, the decedent, underwent an out-patient colonos-copy to the cecum, which included the removal of an 8mm sessile polyp in the ascending colon and a 3mm hyperplastic lesion in the rectum. The decedent was seen on September 28, 1987, by Dr.…