Gilbert v. Bartel

The issue in this case is whether limitations bars the Appellants medical malpractice claims. Appellants, the Gilberts, sued Appellees Dr. Danny R. Bartel, individually, and North Texas Neurology Associates, L.L.P. and North Texas Neurology Associates, Inc. vicariously (collectively Bartel), claiming Bartel negligently diagnosed Mrs. Gilberts cancer and neglected to provide adequate treatment. The trial court granted Bartels motion for summary judgment, which alleged that the Gilberts did not file suit within two years of the tort or breach, as the Medical Liability and Insurance Improvement Act requires. The Gilberts argue that their claims are not barred and request that we reverse and remand the case for trial. We disagree. Because we hold that article 4590i section 10.01 bars the Gilberts claims, we affirm the trial courts judgment.