Gustavo Diaz, M.d., Petitioner v. Carolyn Westphal

Summary

The Texas Supreme Court held that the two‑year limitations period in Tex. Rev. Civ. Stat. art. 4590i, §10.01 bars the wrongful death and survival claims brought on behalf of the minor child because the discovery rule and the open‑courts doctrine do not toll the statute. The Court reversed the Court of Appeals and affirmed the trial court’s summary judgment for the defendant physician.