Kimball v. Brothers

SPEARS, Justice.

This case involves construction of the statute of limitations in medical malpractice actions. Petitioner Frank Kimball sued various health care providers, including Respondent Dr. Joe Brothers, alleging that Dr. Brothers’ negligence caused Kim-ball to suffer respiratory failure and cardiac insufficiency. The trial court granted Dr. Brothers’ summary judgment on the basis of the statute of limitations as provided in TEX.REV.CIV.STAT.ANN. art. 4590i, § 10.01 (Vernon Supp.1987). The court of appeals affirmed the judgment of the trial court. 712 S.W.2d 538. We affirm the judgment…