Keszler v. Memorial Medical Center of East Texas

OPINION

Opinion by Justice WITTIG (Retired).

Bernie Keszler, M.D., appeals an adverse summary judgment in favor of Memorial Medical Center of East Texas. Keszler raises multiple issues including: waiver or estoppel to assert hospital committee privilege; “defective record and unproven privilege;” and, a complaint on statutory immunity. The core issue we address is the proper use of the no-evidence summary judgment motion. See Tex.R. Civ. P. 166a(i). While it appears appellant was not allowed sufficient time for discovery, because appellee’s motions for summary judgment were fundamentally…