George H. Chambers, D.o., Petitioner v. Christine Conaway, Raymond Conaway, Respondents

Summary

The Texas Supreme Court held that Dr. Chambers did not establish as a matter of law that the two‑year statute of limitations barred the malpractice claim, so summary judgment on the limitations defense was improper and the case was remanded for trial. The Court reasoned that the limitation period begins on the occurrence of the breach, which was within two years of filing, and that determining when treatment ends is a question of law. Separate dissenting opinions argued that the claim is barred and that the affidavit does not create a duty, while a concurring opinion agreed with the judgment but expressed concern about the statutory scheme.