Diaz v. Westphal

GONZALEZ, Justice.

In this medical malpractice case, we must decide whether Carolyn Westphal brought the wrongful death and survival claims she asserted on behalf of her minor child within the applicable statute of limitations. The trial court rendered summary judgment for the defendant doctor, holding that the suit was not timely. A divided court of appeals reversed and remanded the minor’s claims for trial. 918 S.W.2d 543. We reverse the judgment of the court of appeals and render judgment for the defendant.

I

The facts of this case are largely undisputed. From 1977 to 1984, Dr. Gustavo Diaz…