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HAND v. TAVERA

No. 04-92-00618-CV.

864 S.W.2d 678 (1993)

Lewis L. HAND and Sandra HAND, Appellants, v. Robert TAVERA, M.D. and Humana Hospital-Village Oaks, Appellees.

Court of Appeals of Texas, San Antonio.

Rehearing Denied November 10, 1993.

Attorney(s) appearing for the Case

Randall C. Jackson, Jr., Speiser, Krause, Madole & Mendelsohn, San Antonio, for appellants.

David V. Jones, Carol A. Jenson, Jones, Kurth & Treat, P.C., San Antonio, for appellees.

Before PEEPLES, BIERY and GARCIA, JJ.

OPINION

PEEPLES, Justice.

In this medical malpractice case, plaintiff Lewis Hand appeals from a take-nothing summary judgment rendered on the sole ground that defendant Dr. Robert Tavera owed him no duty because the two never had a physician-patient relationship. We conclude that Tavera did not refute the existence of a physician-patient relationship as a matter of law, and therefore we reverse and remand for further proceedings.

We review the summary...

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