Understanding the Statute of Limitations for Medical Malpractice in Texas~2 min read
When dealing with a potential medical malpractice claim in Texas, it’s important to know the legal deadlines for taking action. These deadlines, known as the statute of limitations, determine how much time you have to file a lawsuit. Understanding these timelines can help you protect your rights and pursue the compensation you may be entitled to. But beware, with healthcare liability claims, the time periods are not always clear.
What Is the Statute of Limitations?
The statute of limitations is the legal deadline for filing a lawsuit. In Texas, the general rule for medical malpractice cases is that you must file within two years of the date the negligent act occurred.
For example, if a doctor made an egregious mistake in surgery on May 1, 2023, you would typically need to file your claim by May 1, 2025.
Are There Exceptions to This Rule?
There are some exceptions to the two-year limit:
- Cases Involving Children: If the malpractice involves a minor under 12 years old, you may have until their 14th birthday to file a lawsuit.
- Discovery Rule: If the malpractice wasn’t immediately obvious, you may have more time to file. Court opinions have held that a lawsuit must be filed within a “reasonable amount of time” from discovery of the issue. However, “reasonable amount of time” has not been defined. Other court cases have made clear that Texas law has a 10-year cap, known as the “statute of repose,” which is an absolute bar to filing a lawsuit after a decade.
- Fraud or Concealment: If the healthcare provider intentionally hid their mistake, the deadline may be extended.
- There is no other area of the law in Texas where the statute of limitations is so confusing and constantly changing. Because of that, we recommend that you discuss both the merits of your case and the statute of limitations with a qualified attorney as soon as possible.
Why Acting Quickly Matters
Medical malpractice cases require gathering records, consulting experts, and building a strong argument. Waiting too long can make it harder to find evidence or witnesses who are key to supporting your claim. As time passes, memories fade, and critical medical records may become more difficult to retrieve. The sooner you begin, the more likely you are to preserve crucial details that strengthen your case and improve your chances of a successful outcome.
Contact Springer & Lyle
If you believe you’ve been a victim of medical malpractice, don’t wait. Contact us today at 940.387.0404 to schedule a free consultation. At Springer & Lyle, we’re here to help you seek justice and hold negligent parties accountable.
Springer & Lyle is located at 1807 Westminster, Denton, TX 76205.
