University of Texas Health Science Center at San Antonio v. Bailey

Section 101.106(f) of the Texas Tort Claims Act allows a plaintiff who has sued a government employee in what is considered to be his official capacity to avoid dismissal of the action by substituting the governmental employer as a defendant. 1 The question in this case is whether action against the substituted defendant is barred after limitations has run. The court of appeals answered no. 2 We agree, though for somewhat different reasons.

On April 15, 2004, Dr. Albert E. Sanders, a clinical assistant professor at the University of Texas Health Science Center at San Antonio, operated on Kia…