“Fraudulent concealment” and physicians

January 20, 2020

“Appellants argue, with some logical force, that the ‘tolling’of limitations in a fraudulent concealment case involving silence by a physician and hospital does not end when the patient is discharged from the hospital or at the patient’s last visit to a physician, but instead ‘runs until the plaintiff discovers the fraud or reasonabl[y] could discover the fraud.’ This is so, they say, because limitations naturally runs from the date of last treatment, so fraudulent concealment estoppel provides no additional benefit to plaintiffs like them. Unfortunately, appellants cite no authority for that proposition and we have found none.When appellants’ relationships with Dr. Courtney and Baylor Frisco terminated, so did those health care providers’ duty to disclose. Thus, the statute of limitations as to Dr. Courtney and Baylor Frisco began to run at that time.” Tarrant v. Baylor Scott & White Med. Center-Frisco, No. 05-18-01129-CV (Jan. 15, 2020) (mem. op.) (emphasis added, citations omitted).