Yancy v. United Surgical Partners International, Inc.

  January 23, 2008
  Appeals
  TX: Supreme Court
  Austin, TX
  05-0925
  236 S.W.3d 778

Defendant

Valley View Surgical Center, Inc. and Judith Smith, R.N.

David Michael Walsh IV
Avvo Rating: 8.8 (Excellent)

Summary judgment affirmed

The Texas Supreme Court held that the Open Courts provision of the Texas Constitution is not violated by the medical malpractice statute of limitations barring claims against parties added to a suit after the expiration of the limitations period when the mentally incompetent plaintiff has a court appointed guardian and sues some parties prior to the expiration of the limitations period.

Plaintiff

Eula Yancy

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Avvo Rating:
No Concern
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Defendant

United Surgical Partners International, Inc.

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Avvo Rating: 6.5 (Good)
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