Texas Supreme Court

Dorothy Gaddis, Petitioners v. William C. Smith, Respondents

July 5, 1967417 S.W.2d 577

Summary

The Texas Supreme Court held that in medical‑malpractice actions where a physician leaves a foreign object in a patient’s body, the cause of action accrues when the patient discovers, or with reasonable diligence should have discovered, the object, thereby overruling Carrell v. Denton and Stewart v. Janes. The Court reversed the trial court’s and Court of Civil Appeals’ summary‑judgment rulings and remanded the case for trial.