Delgado v. Burns

Dora Delgado appeals from a take-nothing summary judgment rendered in a medical malpractice suit brought against Dr. J.C. Burns. The trial court granted the defendant-physician’s motion for summary judgment based upon the two-year statute of limitations found in Tex.Ins.Code Ann. art. 5.82, § 4. 1 The court of appeals affirmed, holding that the “discovery rule” is inapplicable to medical malpractice actions controlled by article 5.82. 650 S.W.2d 505. We reverse the judgments of the courts below and remand the case to the trial court for trial on the merits.

The underlying facts have been…