Posted on: Nov 05, 2019By Flores Tawney & Acosta, P.C.

Medical Malpractice Statute of LimitationsTexas, like other states, gives victims of medical malpractice a short window of time to bring a lawsuit.

The amount of time is found in each state’s statute of limitations. It is essential that victims know the limitations period and act in time to preserve their claim.

Reach out to a skilled Texas medical malpractice attorney for more information on the medical malpractice statute of limitations in Texas.

Statute of Limitations Texas: Two Years to File a Lawsuit

You can find this state’s statute of limitations at the Texas Civil Practice and Remedies Code § 74.251.

As a general rule, a victim has two years from the date of the negligent act or omission to file suit. For example, say you were injured due to a doctor’s negligence during a surgery that occurred on April 1, 2019. Under the statute of limitations, you have until April 1, 2021, to bring a lawsuit.

Sometimes, patients receive a course of treatment, and a question usually arises as to when the clock starts running. If the patient is receiving a course of treatment, then they have two years from the date treatment is completed.

Any delay can result in the court dismissing the case.

Exceptions to the Rule

The statute of limitations might be too unforgiving in certain circumstances. Recognizing that Texas has included exceptions:

  • Minors. The medical malpractice statute of limitations in Texas for minors is different. A minor who is injured before age 12 has until age 14 to file suit. So, if your child was injured at age 5, he can file suit at any point before age 14.
  • Undiscovered negligence. A patient might not have been able to discover the medical negligence within the two-year statute of limitations period. In that situation, Texas law gives the patient a “reasonable” amount of time after discovery to get to court and file.

We strongly encourage those who believe they have been victims of medical malpractice not to count on qualifying for an exception. Instead, meet with a medical malpractice lawyer as soon as possible to protect your legal rights.

Government Employee as a Medical Provider: Only 6 Months

If a government employee committed malpractice and injured you, then you get even less time to file a lawsuit. In fact, you must provide notice of the claim to the government within six months to preserve a right to sue. Many hospitals and clinics are run by the government, so an injured patient must move very quickly.

Failing to provide adequate notice in a timely manner can bar a lawsuit.

Statute of Repose: Maximum Amount of Time to Sue

Regardless of when the injury occurred, a medical malpractice lawsuit must be brought within 10 years of the medical error or omission. This is called the “statute of repose.” Even if it took 12 years to discover you were injured, the statute of repose will cut off the right to sue.

The statute of repose conflicts with both the discovery rule and the statute of limitations for minors. For this reason, we encourage anyone who believes they or their child was injured to quickly meet with an attorney.

Legal Advice You Can Trust. Contact our Texas Medical Malpractice Attorneys Today

The Texas medical malpractice statute of limitations is a confusing law that has unfortunately caused many people to lose out on their day in court.

Don’t become one of them. Reach out to Flores, Tawney & Acosta, P.C. to schedule a free consultation.

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