What Is the Texas Medical Malpractice Statute of Limitations?

If you've been harmed by sub-standard medical care in Texas, you might be thinking about filing a medical malpractice lawsuit against the doctor or facility that treated you. One of the first things to understand is how the Texas medical malpractice statute of limitations applies to your situation, so you can make sure you don't lose your right to file a lawsuit over your injuries.

What Is a Medical Malpractice Statute of Limitations?

A "statute of limitations" is a law that sets a time limit on your right to go to civil court and file a lawsuit after suffering some type of harm or loss. Every state has these kinds of laws on the books, and there are different deadlines for different kinds of cases.

Like a lot of states, Texas has a specific statute of limitations for medical malpractice cases, and it gives an injured patient two years to get their lawsuit filed against the health care provider who they think harmed them. You can find this law at Texas Civil Practice and Remedies Code section 74.251.

When Does the Statute of Limitations "Clock" Start Running?

Starting from the day on which you suffer some type of injury or harm because of a medical error, you have two years to go to court and get any medical malpractice lawsuit filed. Texas has also carved out a special rule saying that if the harm occurred as part of an ongoing course of treatment, the two year "clock" doesn't start running until that course of treatment ends.

Texas Statute of Limitations For Medical Malpractice Victims Under 12

In Texas, when a child under the age of 12 is harmed by a medical error, a medical malpractice lawsuit can be filed until the child's 14th birthday.

What Is the "Statute of Repose" for Texas Medical Malpractice Lawsuits?

Texas also has a rule in place that says once more than 10 years have passed since the alleged medical error occurred, you will have lost your right to file a medical malpractice lawsuit in Texas. This is known as a "statute of repose," and it acts as something of a larger catch-all filing deadline.

What Happens If I Miss the Statute of Limitations Deadline?

If you try to file your Texas medical malpractice lawsuit more than two years after your treatment ended, the health care provider you're trying to sue will almost certainly ask the court to dismiss the case, and the court will agree, unless some rare set of circumstances calls for extending the deadline. That's why it's so important to understand and comply with this law.

Medical malpractice lawsuits are difficult to win, and putting together your best case requires the skills and resources of an experienced legal professional. Especially if the two-year statute of limitations deadline is approaching, your best first step is talking with a Texas attorney. Learn more about how a medical malpractice lawyer can help your case.