Statute Of Limitations For Medical Malpractice In Texas

What Is Medical Malpractice in Texas?

Medical malpractice refers to negligence by a healthcare provider that causes harm to the patient. It’s typically the result of the provider not meeting the accepted standard of care. If another medical professional would not have made the same error that led to your injuries, then malpractice likely occurred.

General Rule: Two-Year Statute of Limitations

The statute of limitations for medical malpractice in Texas is typically two years. This means you must file a claim before this deadline.

When Does the Statute of Limitations Begin?

The statute of limitations begins the moment that the injury occurs or, if you don’t realize you were hurt, when you discover or should have discovered that you suffered harm.

Exceptions to the Statute of Limitations

There are exceptions to the statute of limitations, including the discovery rule, which allows you to toll the timeline if you didn’t discover the injury until much later. Other exceptions apply to minor defendants, who may have until they’re 14 to file a claim, and in situations when foreign objects are retained in the body of the plaintiff.

You may also receive an extension if there was fraudulent conduct from the defendant or if you’re receiving continuous treatment for the same injury.

Tolling the Statute of Limitations by Giving Notice

In Texas, you may be able to toll the statute of limitations by filing a formal notice. This can extend the filing deadline by 75 days, starting on the day the notice is received. You must still meet the requirement of filing an affidavit of merit from an expert witness, though.

The Texas Statute of Repose for Medical Malpractice Cases

The statute of repose for medical malpractice claims in Texas is 10 years from the initial negligent conduct. This is the final deadline for these cases.

What Happens if You Miss the Statute of Limitations Deadline?

If you miss the statute of limitations deadline, you generally won’t be able to obtain compensation. Your case will be dismissed.

Hiring a Texas Medical Malpractice Attorney

If you’ve suffered losses because of a medical professional’s conduct, hiring a Texas personal injury lawyer can help protect your claim and your future. At ConsumerShield, we carefully vet attorneys throughout the state to help you find the best advocate for your case. Fill out our form to get started today.