Texas Doctor Escapes Late-Filed Back Surgery Suit On Appeal - Law360
Law360 (May 13, 2021, 5:08 PM EDT) -- A Texas appellate court has reversed a trial court's decision to allow a medical malpractice lawsuit over a failed spinal cord stimulator implantation surgery to proceed, finding that the patient missed the deadline to sue.
The Twelfth Court of Appeals panel's ruling on Wednesday in favor of Dr. Eduardo Tanhui and East Texas Medical Specialties PA brings an end to the lawsuit Minnie Rhodes-Madison brought in April 2018. Rhodes-Madison's surgery took place in February 2016, and her claims were subject to a two-year deadline to file, the court said.
Rhodes-Madison argued she was entitled to a 75-day deadline extension, because she provided notice...