Littlefield v. Hays

COUNTISS, Justice.

This appeal from a summary judgment in favor of the defendant doctor in a medical malpractice case presents one question: Is Art. 5.82, § 4, of the Insurance Code, the two year statute of limitations on tort claims against insured doctors, constitutional? 1 We conclude that it is and affirm the judgment of the trial court.

The undisputed facts set out in the parties’ affidavits filed in support of and in response to appellee Dr. John W. Hays’ motion for summary judgment are as follows. Appellant Sandra Littlefield was Dr. Hays’ patient. She had previously undergone a…