[DOWNLOAD] "Boyd v. Kallam" by Court of Appeals Second District of Texas Fort Worth " Book PDF Kindle ePub Free
eBook details
- Title: Boyd v. Kallam
- Author : Court of Appeals Second District of Texas Fort Worth
- Release Date : January 24, 2004
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
The trial court granted a partial summary judgment for Appellees on statute of limitations grounds in this medical malpractice case. Because Appellant Sharon Boyd pleaded the open courts provision of the Texas Constitution and also produced summary judgment evidence raising a genuine issue of material fact concerning whether she had a reasonable opportunity to learn of Appellees alleged wrongs or her alleged injury within the limitations period, we reverse the trial courts partial limitations summary judgment for Appellees G. Byron Kallam, M.D., Mary Angeline Finke, M.D., and Gerald Thompson, M.D. on Boyds negligent failure to diagnose claims, misdiagnosis claims, and negligent failure to order diagnostic testing claims. We also reverse the trial courts partial summary judgment for Appellees Family Healthcare Associates and the Medical Clinic of North Texas, P.A. on Boyds claims that these entities are vicariously liable for alleged negligence in failing to diagnose Boyds cancer, misdiagnosing her cancer, and failing to order diagnostic testing. We remand these claims to the trial court.
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