Ager v. Wichita General Hospital

OPINION

BRIGHAM, Justice.

In a sole point, Appellant Martha Ager contends the trial court erred by granting a take-nothing summary judgment on her medical malpractice action. Because Appellee Wichita General Hospital established the affirmative defense of sovereign immunity and Appellant failed to prove that her claim fell within the Texas Tort Claims Act, we affirm.

I. Background

On May 5, 1993, Appellant underwent a procedure called Laparoscopic Tubal Fulgu-ration for the purpose of sterilization at the North Texas Surgi-Center. The surgery was performed by Dr. Paul Kinnard. He indicated in his…