Hunsucker v. Rowntree
Court of Appeals of Texas
1DissentCornelius, Chief Justice
While I agree that a physician’s act in prescribing medicine for a patient may constitute continuing treatment, I do not agree that the patient’s unilateral act in refilling a prescription months after the patient’s last contact with the physician constitutes “continuing treatment by the physician” so as to delay the running of limitations.
In this case, both Mrs. Hunsucker’s and Dr. Rowntree’s summary judgment evidence conclusively establish that Mrs. Hun-sucker’s last contact with the doctor was on May 22, 1987, when he renewed her prescription for Sectral. If that date constituted the last…
2Cases cited6 opinions
- Wheeler v. Schmid Laboratories, Inc.North Dakota Supreme Court · 1990
- Froysland v. AltenburgNorth Dakota Supreme Court · 1989
- City of Orlando v. BlackburnDistrict Court of Appeal of Florida · 1987
- Parrott v. RandAppellate Division of the Supreme Court of the State of New York · 1987
- Thomas v. Jacksonville Electric Auth.District Court of Appeal of Florida · 1988
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