Statute of Limitation In Post-Surgical Medical Negligence Cases
In Gormley v. Stover, 907 S.W.2d 448 (Tex. 1995), the plaintiff had sued her dentist for surgical and post-surgical negligence after a failed skin graft, even though the surgery had occurred more than two years previously.
The dentist won complete summary judgment on limitations, claiming that all the plaintiff's health care complaints actually occurred before or during the surgery.
On appeal, the court held that summary judgment was proper because the dentist's uncontroverted evidence proved that no actionable negligence occurred after the surgery. Id. at 450.
The dentist's evidence included his own affidavit that "if [the plaintiff] was hurt at all, it was during the surgery." Id. at 449.
He also offered the plaintiff and her expert's depositions, which failed to specify his post-surgical negligence. Id.
Thus, the Gormley plaintiff's limitations commenced at the initial surgery despite the pleadings of post-surgical negligence.