Husain v. Khatib, 964 S.W.2d 918 (Tex. 1998). · Go Syfert
Husain v. Khatib, 964 S.W.2d 918 (Tex. 1998). Cases Citing This Book View Copy Cite
G Cite
cited 2× by 2 distinct cases, last quoted 2006 · …the last date of the relevant course of treatment; at p. 919
171 citation events (130 in the last 25 years) across 4 distinct courts.
Treatment trajectory · 1998 → 2026 · click a year to view as-of
1998 2012 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
cited Cited as authority (rule) Rodriguez v. Southern Health Partners Inc
N.D. Tex. · 2023 · confidence medium
See, e.g., Karley, 24 S.W.3d at 521 ; Husain v. Khatib, 964 S.W.2d 918, 920 (Tex. 1998) (per curiam); Shah, 67 S.W.3d at 845 .
cited Cited as authority (rule) L. Prasad M. Vemulapalli, M.D. and Cardiovascular Associates of San Antonio, P.A. v. Charles Moore, Individually and as Representative of the Estate of Cameron Moore
Tex. App. · 2020 · confidence medium
Id. (citing Husain v. Khatib, 964 S.W.2d 918, 919-20 (Tex. 1998)).
discussed Cited as authority (rule) Avagene Harris v. Victor Kareh and North Cypress Hospital
Tex. App. · 2020 · confidence medium
Shah v. Moss, 67 S.W.3d 836, 841 (Tex. 2001); Husain v. Khatib, 964 S.W.2d 918, 919 (Tex. 1998); Weathers v. Lopez, No. 01-11-00827-CV, 2013 WL 123679 , at *2 (Tex. App.—Houston [1st.Dist.] Jan. 10, 2013, pet. denied) (mem. op.).
discussed Cited as authority (rule) the Estate of Margaret Klovenski, Jake Klovenski, and Mary Hassler, Individually and as Next Friends v. Ashish Kapoor, M.D. (2×) also: Cited "see"
Tex. App. · 2015 · confidence medium
See Shah, 67 S.W.3d at 844 (doctor’s failure to provide follow-up treatment could have occurred only on check-up visits when doctor had an opportunity to order follow-up treatment); Husain v. Khatib, 964 S.W.2d 918, 919-20 (Tex. 1998) (doctor’s failure to take action to diagnose and treat cancer could have occurred only during office visits); Bala, 909 S.W.2d at 892 (same).
discussed Cited as authority (rule) Texas San Marcos Treatment Center, L.P. D/B/A San Marcos Treatment Center v. Veronica Payton
Tex. App. · 2015 · confidence medium
No claim to original U.S. Government Works. 7 Earle v. Ratliff, 998 S.W.2d 882 (1999) 42 Tex. Sup. Ct. J. 919 11 Id. § 10.01. 12 Husain v. Khatib, 964 S.W.2d 918, 919 (Tex.1998) (per curiam); accord Bala v. Maxwell, 909 S.W.2d 889, 891 (Tex.1995) (per curiam); Kimball v. Brothers, 741 S.W.2d 370, 372 (Tex.1987). 13 907 S.W.2d 448 (Tex.1995) (per curiam). 14 Id. at 449–450. 15 See Winkle v. Tullos, 917 S.W.2d 304, 310 (Tex.App.—Houston [14th Dist.] 1995, writ denied); Desiga v. Scheffey, 874 S.W.2d 244 , 248–249 (Tex.App.—Houston [14th Dist.] 1994, no writ); Shook v. Herman, 759 S.W.2d…
discussed Cited as authority (rule) Vivek Goswami, M.D. and Austin Heart, PLLC v. Nancy Jo Rodriguez
Tex. App. · 2015 · confidence medium
No claim to original U.S. Government Works. 7 Earle v. Ratliff, 998 S.W.2d 882 (1999) 42 Tex. Sup. Ct. J. 919 11 Id. § 10.01. 12 Husain v. Khatib, 964 S.W.2d 918, 919 (Tex.1998) (per curiam); accord Bala v. Maxwell, 909 S.W.2d 889, 891 (Tex.1995) (per curiam); Kimball v. Brothers, 741 S.W.2d 370, 372 (Tex.1987). 13 907 S.W.2d 448 (Tex.1995) (per curiam). 14 Id. at 449–450. 15 See Winkle v. Tullos, 917 S.W.2d 304, 310 (Tex.App.—Houston [14th Dist.] 1995, writ denied); Desiga v. Scheffey, 874 S.W.2d 244 , 248–249 (Tex.App.—Houston [14th Dist.] 1994, no writ); Shook v. Herman, 759 S.W.2d…
discussed Cited as authority (rule) Ronnie Tejada and Rose Tejada as Next Friend of Kelsey Tejada and Kaylee Tejada v. Naphcare, Inc. and Virgilio Gernale
Tex. App. · 2011 · confidence medium
Gernale cites the following cases for support: Shah v. Moss, 67 S.W.3d 836, 844-45 (Tex.2001); Husain v. Khatib, 964 S.W.2d 918, 919 (Tex.1998); Bala v. Maxwell, 909 S.W.2d 889, 892 (Tex.1995); Chambers v. Conaway, 883 S.W.2d 156, 159 (Tex.1993); Rowntree, 833 S.W.2d at 108 ; Streich v. Dougherty, No. 13-05-00064-CV, 2008 WL 5191309 , at *3 (Tex.App.-Corpus Christi Dec. 11, 2008, no pet.).
cited Cited as authority (rule) Scott Slagle v. Josh Prickett, M.D., Nikki Long, M.D. and Nalini Reddy, M.D.
Tex. App. · 2011 · confidence medium
Earle v. Ratliff , 998 S.W.2d 882, 887 (Tex. 1999); Husain v. Khatib , 964 S.W.2d 918, 919 (Tex. 1998).
cited Cited as authority (rule) Slagle v. Prickett
Tex. App. · 2011 · confidence medium
Earle v. Ratliff, 998 S.W.2d 882, 887 (Tex.1999); Husain v. Khatib, 964 S.W.2d 918, 919 (Tex.1998).
cited Cited as authority (rule) Donald Streich v. Dr. Joseph Dougherty
Tex. App. · 2008 · confidence medium
Husain v. Khatib , 964 S.W.2d 918, 919-20 (Tex. 1998).
cited Cited as authority (rule) Donald Streich v. Dr. Joseph Dougherty
Tex. App. · 2008 · confidence medium
Husain v. Khatib, 964 S.W.2d 918, 919-20 (Tex. 1998).
cited Cited as authority (rule) Mary Rodriguez v. Memorial Medical Center and Steven T. Carawan, M.D.
Tex. App. · 2007 · confidence medium
Id .; Earle v. Ratliff , 998 S.W.2d 882, 886 (Tex. 1999); Husain v. Khatib , 964 S.W.2d 918, 919 (Tex. 1998).
discussed Cited as authority (rule) In Re: Karen Briscoe
3rd Cir. · 2006 · confidence medium
Rather, one of three dates is used to set commencement of the limitations period: (1) “the date of the tort;” (2) “the last date of the relevant course of treatment;” or (3) “the last date of the relevant hospitalization.” Husain v. Khatib, 964 S.W.2d 918, 919 (Tex. 1998).
discussed Cited as authority (rule) In Re: Karen A. Briscoe Alfred Lara Wanda T. Kizer Debra Alexander Rhonda Allen Mary Green Glenda D. Abbott and Leslie Bales
3rd Cir. · 2006 · confidence medium
Rather, one of three dates is used to set commencement of the limitations period: (1) “the date of the tort;” (2) “the last date of the relevant course of treatment;” or (3) “the last date of the relevant hospitalization.” Husain v. Khatib, 964 S.W.2d 918, 919 (Tex.1998).
cited Cited as authority (rule) Paige Everett v. Britt Bostick, DDS
Tex. App. · 2005 · confidence medium
Husain v. Khatib, 964 S.W.2d 918, 919 (Tex. 1998).
cited Cited as authority (rule) Paige Everett v. Britt Bostick, DDS
Tex. App. · 2005 · confidence medium
Husain v. Khatib, 964 S.W.2d 918, 919 (Tex. 1998).
cited Cited as authority (rule) Paige Everett v. Britt Bostick, DDS
Tex. App. · 2005 · confidence medium
Husain v. Khatib, 964 S.W.2d 918, 919 (Tex. 1998).
cited Cited as authority (rule) David Childers and Wife, Jeanette Childers v. Dr. George R. Walters, MD George R. Walters, MD, PA D/B/A Regional Eye Center And George R. Walters, MD D/B/A Regional Eye Center
Tex. App. · 2005 · confidence medium
Husain v. Khatib, 964 S.W.2d 918, 919 (Tex. 1998).
cited Cited as authority (rule) David Childers and Wife, Jeanette Childers v. Dr. George R. Walters, MD George R. Walters, MD, PA D/B/A Regional Eye Center And George R. Walters, MD D/B/A Regional Eye Center
Tex. App. · 2005 · confidence medium
Husain v. Khatib, 964 S.W.2d 918, 919 (Tex. 1998).
cited Cited as authority (rule) David Childers and Wife, Jeanette Childers v. Dr. George R. Walters, MD George R. Walters, MD, PA D/B/A Regional Eye Center And George R. Walters, MD D/B/A Regional Eye Center
Tex. App. · 2005 · confidence medium
Husain v. Khatib, 964 S.W.2d 918, 919 (Tex. 1998).
cited Cited as authority (rule) Boyd v. Kallam
Tex. App. · 2004 · confidence medium
Husain v. Khatib, 964 S.W.2d 918, 919 (Tex.1998).
cited Cited as authority (rule) Sharon Boyd v. G. Byron Kallam, M.D. Mary Angeline Finke, M.D. The Medical Clinic of North Texas, P.A. Gerald Thompson, M.D. And Family Healthcare Associates
Tex. App. · 2004 · confidence medium
Husain v. Khatib , 964 S.W.2d 918, 919 (Tex. 1998).
cited Cited as authority (rule) Sharon Boyd v. G. Byron Kallam, M.D. Mary Angeline Finke, M.D. The Medical Clinic of North Texas, P.A. Gerald Thompson, M.D. And Family Healthcare Associates
Tex. App. · 2004 · confidence medium
Husain v. Khatib , 964 S.W.2d 918, 919 (Tex. 1998).
examined Cited as authority (rule) Gilbert v. Bartel (5×) also: Cited "see", Cited "see, e.g."
Tex. App. · 2004 · confidence medium
Shah, 67 S.W.3d at 841 ; Earle v. Ratliff, 998 S.W.2d 882, 886 (Tex.1999); Husain v. Khatib, 964 S.W.2d 918, 919 (Tex.1998); Bala v. Maxwell, 909 S.W.2d 889, 891 (Tex.1995). 13 .
examined Cited as authority (rule) Jerry M. Gilbert & Dolores L. Gilbert v. Danny R. Bartel, M.D., North Texas Neurology Associates, Inc., and North Texas Neurology Associates, L.L.P. (4×) also: Cited "see", Cited "see, e.g."
Tex. App. · 2004 · confidence medium
Shah , 67 S.W.3d at 841 ; Earle v. Ratliff , 998 S.W.2d 882, 886 (Tex. 1999); Husain v. Khatib , 964 S.W.2d 918, 919 (Tex. 1998); Bala v. Maxwell , 909 S.W.2d 889, 891 (Tex. 1995). 13.
examined Cited as authority (rule) Jerry M. Gilbert & Dolores L. Gilbert v. Danny R. Bartel, M.D., North Texas Neurology Associates, Inc., and North Texas Neurology Associates, L.L.P. (4×) also: Cited "see", Cited "see, e.g."
Tex. App. · 2004 · confidence medium
Laws 2039 (repealed 2003); Shah v. Moss , 67 S.W.3d 836, 841 (Tex. 2001). 12: Shah , 67 S.W.3d at 841 ; Earle v. Ratliff , 998 S.W.2d 882, 886 (Tex. 1999); Husain v. Khatib , 964 S.W.2d 918, 919 (Tex. 1998); Bala v. Maxwell , 909 S.W.2d 889, 891 (Tex. 1995). 13: Shah , 67 S.W.3d at 841 ; Rogers v. United Reg’l Health Care Sys. , 109 S.W.3d 47, 50 (Tex. App.—Fort Worth 2003, no pet.); Karley v. Bell , 24 S.W.3d 516, 520 (Tex. App.—Fort Worth 2000, pet. denied). 14: Shah , 67 S.W.3d at 841 . 15: Id . 16: Rogers , 109 S.W.3d at 51 . 17: Shah , 67 S.W.3d at 841 . 18: Id . 19: See Bala , 909 …
cited Cited as authority (rule) Rogers v. United Regional Health Care System, Inc.
Tex. App. · 2003 · confidence medium
Id.; Husain v. Khatib, 964 S.W.2d 918, 919 (Tex.1998).
discussed Cited as authority (rule) O'REILLY v. Wiseman
Tex. App. · 2003 · confidence medium
See Earle v. Ratliff, 998 S.W.2d 882, 890 (Tex.1999) (patient who complained of constant pain to doctor and who had seen television report detailing risks associated with instrumentation implanted in him had “opportunity to learn of any negligence” prior to two-year period); Husain v. Khatib, 964 S.W.2d 918, 919 (Tex.1998) (failing to mention open-courts provision in holding that if doctor’s date of negligence can be ascertained “there are no doubts to resolve and limitations must be measured from” that date); Jennings v. Burgess, 917 S.W.2d 790, 794 (Tex.1995) (plaintiff knew defend…
discussed Cited as authority (rule) Sharon A. O'Reilly v. C. Vince Wiseman, M.D. and Austin Radiological Association, P.A.
Tex. App. · 2003 · confidence medium
See Earle v. Ratliffe , 998 S.W.2d 882, 890 (Tex. 1999) (patient who complained of constant pain to doctor and who had seen television report detailing risks associated with instrumentation implanted in him had "opportunity to learn of any negligence" prior to two-year period); Husain v. Khatib , 964 S.W.2d 918, 919 (Tex. 1998) (failing to mention open-courts provision in holding that if doctor's date of negligence can be ascertained "there are no doubts to resolve and limitations must be measured from" that date); Jennings v. Burgess , 917 S.W.2d 790, 794 (Tex. 1995) (plaintiff knew defendant…
discussed Cited as authority (rule) Sharon A. O'Reilly v. C. Vince Wiseman, M.D. and Austin Radiological Association, P.A.
Tex. App. · 2003 · confidence medium
See Earle v. Ratliffe, 998 S.W.2d 882, 890 (Tex. 1999) (patient who complained of constant pain to doctor and who had seen television report detailing risks associated with instrumentation implanted in him had Aopportunity to learn of any negligence@ prior to two-year period); Husain v. Khatib, 964 S.W.2d 918, 919 (Tex. 1998) (failing to mention open-courts provision in holding that if doctor=s date of negligence can be ascertained Athere are no doubts to resolve and limitations must be measured from@ that date); Jennings v. Burgess, 917 S.W.2d 790, 794 (Tex. 1995) (plaintiff knew defendant do…
cited Cited as authority (rule) Stone, Joanna and William v. Janice Byrne, M.D., Isabelle Wilkins, M.D., and Baylor College of Medicine
Tex. App. · 2002 · confidence medium
Ann . art. 4590i, § 10.01; Husain v. Khatib , 964 S.W.2d 918, 919 (Tex. 1998).
examined Cited as authority (rule) Shah v. Moss (12×) also: Cited "see"
Tex. · 2002 · confidence medium
Stat. art. 4590i, § 10.01; Husain v. Khatib, 964 S.W.2d 918, 919 (Tex.1998).
discussed Cited as authority (rule) Shawna Lyn Borth v. John C. Kelleher, Jr., M.D., Panhandle Plastic Surgery, P.A. (2×) also: Cited "see"
Tex. App. · 2002 · confidence medium
Husain v. Khatib, 964 S.W.2d 918, 919 (Tex. 1998).
discussed Cited as authority (rule) Shawna Lyn Borth v. John C. Kelleher, Jr., M.D., Panhandle Plastic Surgery, P.A. (2×) also: Cited "see"
Tex. App. · 2002 · confidence medium
Husain v. Khatib, 964 S.W.2d 918, 919 (Tex. 1998).
discussed Cited as authority (rule) Shawna Lyn Borth v. John C. Kelleher, Jr., M.D., Panhandle Plastic Surgery, P.A. (2×) also: Cited "see"
Tex. App. · 2002 · confidence medium
Husain v. Khatib, 964 S.W.2d 918, 919 (Tex. 1998).
cited Cited as authority (rule) Clements v. Conard
Tex. App. · 2000 · confidence medium
Husain v. Khatib, 964 S.W.2d 918, 919 (Tex.1998).
cited Cited as authority (rule) Moss v. Shah
Tex. App. · 1999 · confidence medium
Damron v. Ornish, 862 S.W.2d 683, 685 (Tex.App.—Dallas 1993, writ denied) (opin. on reh’g). . 964 S.W.2d 918, 920 (Tex.1998). .
discussed Cited as authority (rule) Earle v. Ratliff
Tex. · 1999 · confidence medium
Husain v. Khatib, 964 S.W.2d 918, 919 (Tex.1998) (per curiam); accord Bala v. Maxwell, 909 S.W.2d 889, 891 (Tex.1995) (per curiam); Kimball v. Brothers, 741 S.W.2d 370, 372 (Tex.1987). 13 . 907 S.W.2d 448 (Tex.1995) (per curiam). 14 .
discussed Cited as authority (rule) DeRuy v. Garza (2×)
Tex. App. · 1999 · confidence medium
Husain v. Khatib, 964 S.W.2d 918, 919 (Tex.1998).
examined Cited as authority (rule) Wright v. Fowler (4×) also: Cited "see"
Tex. App. · 1999 · confidence medium
The limitations period is measured from one of three dates: (1) the date of the tort; (2) the last date of the relevant course of treatment; or (3) the last date of the relevant hospitalization. 10 See Husain v. Khatib, 964 S.W.2d 918, 919 (Tex.1998).
discussed Cited "see" Soren Aldaco v. Barbara Rose Wood and Three Oaks Counseling Group, LLC, D/B/A Thriveworks (2×)
Tex. App. · 2024 · signal: see · confidence high
For decades, Texas courts applying the Act’s limitations provision have recognized that a plaintiff “may not choose the most favorable [start] date that falls within [the Act’s] . . . categories.” Shah, 67 S.W.3d at 841 ; see Husain v. Khatib, 964 S.W.2d 918, 919 (Tex. 1998) (similar).
cited Cited "see" Adriana Weathers, Individually and as Representative of the Estate of Lloyd R. Weathers v. Dr. Albert Lopez, M.D. and St. Lukes Hospital
Tex. App. · 2013 · signal: see · confidence high
See Husain v. Khatib, 964 S.W.2d 918, 919 (Tex. 1998); see also Shah, 67 S.W.3d at 841 .
cited Cited "see" Mary Moroles v. Doctor's Hospital at Renaissance, Ltd.
Tex. App. · 2010 · signal: see · confidence high
See Husain v. Khatib , 964 S.W.2d 918, 919 (Tex. 1998); see also Shah , 67 S.W.3d at 841 .
cited Cited "see" Mary Moroles v. Doctor's Hospital at Renaissance, Ltd.
Tex. App. · 2010 · signal: see · confidence high
See Husain v. Khatib, 964 S.W.2d 918, 919 (Tex. 1998); see also Shah, 67 S.W.3d at 841 .
cited Cited "see" Litzi Nicholson v. Mary Shinn, MD
Tex. App. · 2009 · signal: see · confidence high
See Husain , 964 S.W.2d at 920 (citing Bala v. Maxwell , 909 S.W.2d 889, 891-92 (Tex. 1995)).
examined Cited "see" Karley v. Bell (4×)
Tex. App. · 2000 · signal: see · confidence high
See Husain v. Khatib, 964 S.W.2d 918, 919 (Tex.1998) (concluding that respondents’ suit filed on November 15, 1994 was timely if limitations period began on or after September 1, 1992 because respondents’ giving notice tolled the running of the two-year limitations period for seventy-five days). 14 .
examined Cited "see" Voegtlin v. Perryman (4×)
Tex. App. · 1998 · signal: see · confidence high
See Husain v. Khatib, 964 S.W.2d 918, 919 (Tex.1998); Fiore v. HCA Health Servs. of Tex., Inc. 915 S.W.2d 233, 236 (Tex.App.—Fort Worth 1996, writ denied).
cited Cited "see" Kahanek v. Gross
Tex. App. · 1998 · signal: see · confidence high
See Husain v. Khatib, 964 S.W.2d 918, 919 (Tex.1998).
Retrieving the full opinion text from the archive…
Tehmina HUSAIN, M. D., Petitioner,
v.
Ilham KHATIB and Farouk Khatib, Respondents
97-0910.
Texas Supreme Court.
Mar 13, 1998.
964 S.W.2d 918
Jonathan D.F. Nelson, Fort Worth, Petitioner., Michael F. Felber, Fort Worth, for Respondents.
Per Curiam.
Cited by 57 opinions  |  Published

OPINION

PER CURIAM.

The issue in this case is whether the court of appeals erred in holding that Ilham and[*919] Farouk Khatib’s medical malpractice claim was timely filed. Because the court of appeals measured the limitations period from the final date of treatment rather than from the ascertainable date of the alleged tort, we reverse and render judgment for Tehmina Husain.

Plaintiff Ilham Khatib visited defendant Dr. Tehmina Husain (“Husain”), a gynecologist, on December 5, 1989, complaining of a thickness in her left breast. Husain ordered a mammogram. On January 25, 1990, Hu-sain told Khatib that the mammogram showed fibrocystic disease but not cancer. Husain referred Khatib to her husband, Dr. Asif Husain, for a second opinion, and he concurred in her diagnosis. On September 26, 1991, Husain examined Khatib’s breasts during a consultation on an unrelated complaint. She did not order any tests at that time. On August 25,1992, Husain examined Khatib’s breasts and ordered a mammogram. The summary judgment evidence includes records from the radiology firm that performed Khatib’s mammogram indicating that on September 3,1992, the lab notified Husain that the results suggested cancer. Khatib testified that on September 8, 1992, Husain told her that her pap smear was not clear and would have to be redone, and further told her that she should meet with Dr. Asif Husain who would tell her about the mammogram results.

Khatib’s attorney sent a written notice of her claim to Husain on May 26, 1993. On November 15, 1994, Khatib and her husband sued Husain, Dr. Asif Husain, the radiologist who interpreted the January 1990 mammogram, and his employer for medical malpractice. The trial court rendered summary judgment for all defendants based on limitations. The court of appeals reversed the summary judgment for Husain and affirmed the summary judgment for the remaining defendants. 949 S.W.2d 805. Hu-sain filed a petition for review in this Court.

The Medical Liability and Insurance Improvement Act provides:

Notwithstanding any other law, no health care liability claim may be commenced unless the action is filed within two years from the occurrence of the breach or tort or from the date the medical or health care treatment that is the subject of the claim or the hospitalization for which the claim is made is completed....

Tex.Rev.Civ. Stat. Ann. art. 4590i, § 10.01. By sending a notice of claim, Khatib tolled the running of the two-year limitations period for 75 days. See id. § 4.01(e); De Checa v. Diagnostic Ctr. Hosp., Inc., 852 S.W.2d 935, 937-38 (Tex.1993). Thus, her suit was timely if the limitations period began on or after September 1,1992.

Section 10.01 measures the limitations period from one of three dates: the date of the tort, the last date of the relevant course of treatment, or the last date of the relevant hospitalization. The court of appeals used the second of these three dates on the ground that the alleged negligence “occurred during an ongoing course of consultation with and treatment by Dr. Tehmina Husain concerning a lump in Mrs. Khatib’s left breast.” 949 S.W.2d at 810. The court further held that this course of treatment was completed on September 8, 1992, and that the suit was therefore timely filed. See id. at 810-11.

The statute does not permit a plaintiff to simply choose the most favorable of the three dates that section 10.01 specifies. See Bala v. Maxwell, 909 S.W.2d 889, 891 (Tex.1995). The purpose of the provisions for measuring limitations from the last date of treatment or hospitalization is to aid a plaintiff who was injured during a period of hospitalization or a course of medical treatment but has difficulty ascertaining the precise date of the injury. See Kimball v. Brothers, 741 S.W.2d 370, 372 (Tex.1987). In such a situation, the statute resolves doubts about the time of accrual in the plaintiff’s favor by using the last date of treatment or hospitalization as a proxy for the actual date of the tort. But if the date of the negligence can be ascertained, then there are no doubts to resolve and limitations must be measured from the date of the tort. See id.

Here, the dates of Husain’s alleged negligence are readily ascertainable. It is therefore immaterial whether Husain established a course of treatment for the lump in Khatib’s breast. We need not decide wheth[*920] er any course of treatment ended on August 25, 1992, as Husain argues, or on September 8,1992, as Khatib claims. It is also unimportant to our inquiry whether the tort is characterized as a failure to diagnose cancer or as an improper course of treatment based on a misdiagnosis of fibrocystic disease. Khatib’s complaint is that Husain was negligent in not taking actions — mammograms, referrals to specialists, proper breast examinations — that would have led to earlier discovery of Kha-tib’s cancer. Those events, or non-events, occurred on specific ascertainable dates: January 25, 1990, and September 26, 1991. On August 25, 1992, Husain ordered the mammogram that detected Khatib’s cancer. Therefore, any negligence could only have occurred at the latest at the September 26, 1991, examination. See Bala, 909 S.W.2d at 891-92.

Because the last date on which Husain could have been negligent is September 26, 1991, and the Khatibs did not file this action until November 15, 1994, the statute of limitations bars their claim. Under Texas Rule of Appellate Procedure 59.1, without hearing oral argument, we grant Husain’s petition for review, reverse the judgment of the court of appeals, and render judgment that plaintiffs take nothing.