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Simpson v. Coats6/11/1996
Filed June 11, 1996
OPINION
Tony Ray Simpson (Simpson) appeals from a summary judgment granted in favor of Robert Eugene Coats, Jr., D.O., Sami Constantine, M.D., and Paracelsus Mesquite Hospital, Inc. (PMH). In three points of error, Simpson complains generally the trial court erred in granting summary judgement for the appellees. Because Coats and Constantine established as a matter of law their treatment of Nancy Kay Simpson (Mrs. Simpson) was not the proximate cause of her death and the claim against PMH is derivative of the claims against Coats and Constantine, we affirm the trial court's judgment. In four cross-points of error, PMH contends generally the trial court erred in not granting summary judgment in favor of PMH based upon: (1) the statute of limitations; (2) Coats not being an agent or representative of PMH; and (3) PMH's lack of negligence. Because we overrule Simpson's points of error, we do not reach PMH's cross-points of error.
FACTUAL AND PROCEDURAL BACKGROUND
Mrs. Simpson first visited the Seagoville Medical Center (the Medical Center) on April 15, 1991. The Medical Center is owned by PMH. Mrs. Simpson complained of a lump in her right breast. Coats examined Mrs. Simpson's breasts, which were symmetrical with no palpable masses or nodes.
Mrs. Simpson next visited the Medical Center on June 11, 1991. Mrs. Simpson again complained of a mass in her right breast. Coats performed another physical examination of Mrs. Simpson's breasts. Coats referred Mrs. Simpson for a mammography and collected blood for a routine laboratory examination. The mammography report indicated no evidence of a dominant mass or malignancy. The results of the routine laboratory tests were within normal limits.
Mrs. Simpson visited the Medical Center again on July 29, 1991. Coats performed another physical examination of Mrs. Simpson's breasts. Coats detected a lesion. Coats saw Mrs. Simpson for the last time on September 26, 1991. Coats referred Mrs. Simpson to Constantine.
Constantine saw Mrs. Simpson on September 30, 1991. Constantine performed a physical examination. Constantine did not detect a discrete mass. Constantine did not refer Mrs. Simpson to a surgeon for a biopsy because the mammogram taken three months earlier indicated only fibrocystic changes.
Mrs. Simpson was diagnosed with breast cancer on November 4, 1991. She died on March 14, 1993.
Simpson brought a medical negligence cause of action under the Texas Wrongful Death Act and the Texas Survival Statute. Constantine and Coats filed motions for summary judgment. Each motion contends Mrs. Simpson's treatment complied with the applicable standard of care and that her treatment was not the proximate cause of her death. The trial court granted Coats's and Constantine's motions for summary judgment without stating the basis upon which the motion for summary judgment was granted.
PMH also filed a motion for summary judgment. PMH's motion contends Simpson's claims against PMH were derivative of Simpson's claims against Coats. It also contends Simpson's claims were barred by the statute of limitations, Coats was not an agent or representative of PMH, and PMH was not negligent in permitting Coats to practice at the Medical Center. The trial court granted PMH's motion for summary judgment because Simpson's claims against PMH were derivative of Simpson's claims against Coats.
STANDARD OF REVIEW
Summary judgement is designed to eliminate unmerited claims or untenable defenses; it is not intended to deprive litigants of their right to a full hearing on fact issues. Compton v. Calabria, 811 S.W.2d 94
Page 1 2 3 4 Texas Personal Injury Attorneys
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