Bala v. Maxwell

In this wrongful death and survival action, the Maxwell family alleges that Dr. Nataran-ja Bala negligently failed to diagnose the cancer which caused Fred Maxwell’s death. We hold that both the survival and wrongful death claims are barred by Article 4590i, section 10.01, of the Texas Revised Civil Statutes.

In December 1986, doctors hospitalized Maxwell for evaluation of anemia. Dr. Bala performed an esophagogastroduodenoscopy (EGD), which revealed a lesion in Maxwell’s stomach. A biopsy of the lesion showed no sign of malignancy.

On December 9, 1987, Dr. Bala performed a second EGD, and…