What is the Medical Malpractice Statute of Limitations in Texas?

If you are concerned about medical malpractice, you may be wondering – what is the statute of limitations in Texas?  Every state has a statute of limitations, which is a time limit that plaintiffs (victims) have to file a lawsuit.  Once the statute of limitations has passed, the individual may no longer have the option of pursuing legal action against the party they believe caused them harm.  The statute of limitations is an element of law that applies to most cases, including personal injury, medical malpractice, nursing home abuse, and even criminal cases.  It is important to understand elements of law like this in case an injury ever occurs.

Many medical malpractice injuries are not apparent until some time after the initial injury occurs.  For example, a botched surgical procedure may go unnoticed until months later when the patient experiences extreme pain.  Another example is that of birth injuries.  A child who suffered a brain injury during birth may not exhibit signs of an injury until he or she has missed developmental milestones.

In this post, our Houston medical malpractice attorney offers valuable information about the statute of limitations in Texas and what you can do to protect yourself, your family, and your ability to take legal action against a negligent party.

What is the Statute of Limitations in Texas?

Texas Civil Practice and Remedies Code (sec. 74) details the statute of limitations in tort cases, including medical liability. For medical malpractice cases, the statute of limitations in Texas is two years from the date of the injury.  In more detailed terms, the statute of limitations is two years from:

• The date that the standard of care was breached, or
• At the conclusion of treatment for ongoing or long term healthcare (only applies when the exact date of injury cannot be determined, and it is not recommended to rely on this).

It is also important to know the following:

• Statute of Repose: Texas law establishing that patients must file a lawsuit for medical errors within 10 years, at which point they lose the right to do so.
• Lawsuits for Minors: Texas law establishing that medical malpractice lawsuits filed on behalf of children under 12 years old must be filed by their 14th birthday.
• Chapter 74 Hurdles: Texas law mandates that all medical malpractice claims be accompanied by an expert’s report, a time consuming and complex requirement that can usually only be obtained through an attorney’s office.  Additionally, Chapter 74 limits the amount of non-economic damages (think pain and suffering) that a plaintiff can obtain, although economic damages do not have that same cap.  Any case in Texas dealing with medical malpractice is going to be controlled by Chapter 74, making it critical that the right law firm is on your side!

Determining the Date of Injury

Even though the statute of limitations in Texas seems to be a simple element of medical malpractice law, it can actually be quite difficult to determine the exact date of a medical error or omission.  As mentioned previously, sometimes injuries are not immediately apparent or immediately attributed to a particular event.  There is also a chance that the defendant could dispute the date that the injury occurred or try to prove that the injury was caused by factors unrelated to their care.

Typically it is advised to use the earliest date possible when filing a lawsuit and investigating a claim.  But that is easier said than done, particularly in nursing home cases where the patient may have been left without care for days at a time, possibly weeks.  In some cases, the court may rule that the statute of limitations has begun running even before the injury is discovered!  To determine how a statute of limitations could impact your case, it is always best to consult with an experienced medical malpractice attorney.

Always consult an attorney about statutes of limitations, especially as it relates to medical malpractice.

Choosing a Medical Malpractice Attorney

In the grand scheme, two years is not a lot of time to file a lawsuit, especially if you are healing from a traumatic experience, or have recently discovered that you are injured.  Medical malpractice claims are complex, and often involve a lengthy process of gathering medical records, preparing expert reports, deposing the other side’s parties and witnesses, and preparing for resolution – be it settlement or trial.

When it comes to this complex area of law, get the expert help you need in understanding medical malpractice laws and your rights. Contact MedMalFirm.com to learn more about the statute of limitations in Texas, your case and the best options for resolution. Fill out our online form to request a free consultation.