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 a medical malpractice action based on a misdiagnosis. Accordingly, the plaintiff's cause of action accrued at the time of the alleged negligent diagnosis, and the two‑year statute of limitations barred the claim. The Court reversed the Court of Civil Appeals and affirmed the trial court’s summary judgment.