In Chilkewitz v. Hyson, 22 S.W.3d 825, 827 (Tex. 1999), the plaintiff filed a lawsuit against Morton Hyson, M.D., in his individual capacity, within the limitations period. After the two year limitations period, Dr. Hyson filed a motion for summary judgment alleging that he did not perform the surgery; that none of his employees attended the surgery; and that he did not own any of the test equipment used during the surgery. Id. The plaintiff promptly amended his original petition, changing the designation of "Morton Hyson, M.D." to "Morton Hyson, M.D., P.A." The issue before the Texas Supreme Court was whether section 10.01 of the Medical Liability Act foreclosed application of rule 28. More specifically, "whether Texas Rule of Civil Procedure 28, which permits a party to sue or be sued in an assumed name, constitutes 'any other law' within the meaning of section 10.01 which would bar any tolling of limitations." Id. at 826. The Chilkewitz Court reasoned: "If Rule 28 extends the time within which a health care liability claim could be commenced, we would agree with the Association that section 10.01 forecloses the operation of not only rules promulgated by this Court but also statutes enacted by the Legislature that would otherwise extend limitations." Id. at 829. The supreme court concluded, however, that when a party is sued in the name under which it conducts business, and that party has actual notice, Rule 28 does not toll the limitations period. Id. at 830. Therefore, Rule 28 was not "any other law that extends limitations within the meaning of section 10.01. The proper party is sued when that party is sued in its assumed or common name." Id. The Court held that a petition naming a doctor as a defendant in a malpractice action was sufficient to toll limitations against a professional association with the same name. The plaintiff sued "Morton Hyson, M.D." and identified him as an individual who practiced medicine. 22 S.W.3d at 827. Dr. Hyson filed an answer. After limitations had run, Dr. Hyson filed a motion for summary judgment contending that he, individually, did not perform or attend the plaintiff's surgery; that none of his employees did so either; and that he did not own any of the equipment used during the surgery. The plaintiff filed an amended petition and changed the defendant's name from "Morton Hyson, M.D." to "Morton Hyson, M.D., P.A." Id. The professional association appeared and argued that any claim against it was barred by limitations. The trial court overruled the professional association's limitations argument and entered judgment for the plaintiff. Id. The supreme court applied Rule 28 and agreed with the trial court because there was some evidence that the professional association conducted business as Morton Hyson, M.D. 22 S.W.3d at 828. The court noted that Rule 28 allows a plaintiff to file suit against an individual doing business under the name of an association, partnership, or corporation even if the association, partnership, or corporation does not exist. For example, if an individual was doing business under the name Widgets International, Inc. but the plaintiff thought that this was an actual entity, a suit against Widgets International, Inc. would be considered a suit against the individual. Id. at 829. The court further noted that if an association, partnership, or corporation does business in the name of an individual, a suit may be filed against the entity by using the individual's name, so long as the plaintiff amends his petition to add the defendant's correct legal name. Id.