DIAZ v. WESTPHAL

No. 96-0433.

941 S.W.2d 96 (1997)

Gustavo DIAZ, M.D., Petitioner v. Carolyn WESTPHAL, individually and a/n/f of Eric Michael Westphal, a minor, and as independent executrix of the estate of Michael Westphal, deceased, Respondent.

Supreme Court of Texas.

March 21, 1997.


Attorney(s) appearing for the Case

Carlos Villarreal, Corpus Christi, for petitioner.

J. Norman Thomas, Corpus Christi, for respondent.


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.

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