Sheth v. Dearen

OPINION

ADELE HEDGES, Chief Justice.

Appellant, Dhiren S. Sheth, M.D. (“Dr. Sheth”) brings this appeal following the trial court’s denial of his motion to dismiss pursuant to Section 101.106(f) of the Texas Tort Claims Act. In his sole issue, Dr. Sheth argues that the trial court erred in denying his motion to dismiss. We reverse and remand.

I. BACKGROUND

In September of 2003, appellee, Donald C. Dearen, sustained a hip fracture and was taken into surgery at Memorial Her-mann Hospital. Dearen was treated by Dr. Sheth, an orthopedic surgeon practicing at the University of Texas Health Science…