(DOWNLOAD) "Earle v. Ratliff" by Texas Tenth District Court of Appeals ~ Book PDF Kindle ePub Free
eBook details
- Title: Earle v. Ratliff
- Author : Texas Tenth District Court of Appeals
- Release Date : January 01, 1999
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
This medical malpractice case raises several issues, but our attention centers on whether the plaintiffs claim that the defendant negligently performed surgery on him is barred by limitations. The plaintiff contends that limitations did not begin to run on his claim until his post-surgical course of treatment by the defendant ended, and until he became aware that the defendant had fraudulently concealed from him the truth about the surgery and the treatment that followed. Further, the plaintiff asserts, to bar his claim would violate the Open Courts provision of the Texas Constitution. On each of these matters we disagree with the plaintiff, but on other claims described below, we believe the plaintiff is correct. The district court granted defendant summary judgment on all plaintiffs claims. The court of appeals reversed summary judgment on all claims. We partially affirm, and partially reverse, the judgment of the court of appeals and remand the case to the district court for further proceedings.