Borderlon v. Peck

*908MeGEE, Justice.

The sole issue in this medical malpractice case is whether article 4590i, section 10.01,1 abolishes fraudulent concealment as a basis for extending limitations in health care liability actions. The court of appeals held section 10.01 establishes an absolute statute of limitations for all forms of medical malpractice, regardless of fraudulent concealment, and affirmed summary judgment in favor of the doctor. 643 S.W.2d 233. We reverse the judgments of the lower courts and remand the cause for trial.

On January 17,1979, Dr. Reigh Peck performed surgery on Catherine Borderlon to…