Cummings v. HCA Health Services of Texas, Inc.

OPINION

CANNON, Justice.

This is a medical malpractice suit brought by appellants against appellee HCA Health Services, Inc. d/b/a Tidelands General Hospital. The trial court granted Summary Judgment on the basis of limitations. In five points of error, appellants contend there are material questions of fact concerning whether appellee received notice of this lawsuit and whether it was disadvantaged by its subsequent inclusion. We reverse and remand.

This is a misidentification case in which appellants were mistaken as to which of two defendants was the correct party. Appellants timely filed…