Texas Supreme Court

Cecil A. Robinson, Petitioner v. C. W. Weaver, Respondents

April 6, 197720 Tex. Sup. Ct. J. 262

Summary

The Texas Supreme Court held that the discovery rule does not apply to medical malpractice actions based on a doctor's misdiagnosis, affirming the trial court's summary judgment that the two‑year statute of limitations barred the plaintiff's claim. The Court distinguished prior discovery‑rule cases involving foreign objects, vasectomies, and excessive X‑ray treatment, emphasizing the statutory purpose of repose and the risk of stale claims.