Texas Medical Malpractice Statute of Limitations
The Texas medical malpractice statute of limitations sets a strict deadline for victims to file medical malpractice lawsuits. Under Texas law, a medical malpractice claim must generally be filed within two years from the date the medical error occurred or was discovered, depending on the circumstances. This two-year statute of limitations applies to medical malpractice cases involving Texas hospitals or medical professionals. However, there are other laws providing exceptions to the two-year statute of limitations in Texas.
If you’ve been injured because of negligent medical care, HIPAA violations regarding protected health information, or another particular claim, don’t wait for the two-year statute of limitations, as you could be potentially barred from recovering damages.
Call 713-622-7271 to schedule a free consultation with a skilled Houston medical malpractice lawyer.
What is the Statute of Limitations for Medical Malpractice in Texas?
The statute of limitations for Texas medical malpractice lawsuits is governed by Texas Civil Practice & Remedies Code Section 74.251, which states that a medical malpractice claim must be filed within two years from the date of the medical mistake or discovery. If the date is unknown, our medical malpractice attorneys can review your medical records and use the last treatment date for the medical malpractice claim.
Failing to meet the filing deadline under the Texas two-year statute of limitations can result in the dismissal of the case. However, there are several certain exceptions to the two-year statute of limitations.
Texas Medical Malpractice Statute of Limitations Exceptions to the General Rule
There are various exceptions to the two-year statute of limitations in Texas medical malpractice lawsuits. These exceptions allow some victims more time to file a medical malpractice claim beyond the general rule of the two-year statute of limitations in Texas.
Medical Malpractice Statute of Limitations for Mental Incapacity or Other Legal Disabilities
If the medical malpractice victim was mentally incapacitated at the time of medical mistake occurred, the Texas medical malpractice statute of limitations may pause the the filing deadline for medical malpractice cases. If a patient is unable to file a medical malpractice claim due to mental capacity or disability, Texas law allows for an extension.
Statue of Limitations For Continuing Course of Medical Care
If a patient continues to receive medical treatment from the same healthcare provider for the same medical condition, the statute of limitations in Texas begins at the conclusion of the continuing course of treatment rather than the initial date of the malpractice. This exception applies when the medical error was part of an ongoing series of negligent acts.
Statute of Limitations for Foreign Object in the Patient's Body
When surgeons leave surgical instruments or other objects inside a patient’s body, the statute of limitations in Texas may be extended. The time limit to file a medical malpractice claim starts when the foreign object is discovered or reasonably should have been discovered.
Ten-Year Statue of Repose For Texas Medical Malpractice Cases
Texas has a strict ten-year statute of repose, which acts as an absolute deadline for all Texas medical malpractice claims. Even if a patient qualifies for an exception under the statute of limitations, they cannot file a health care liability claim after ten years under the Texas ten-year statute.
Texas Statute of Limitations For Medical Malpractice Claims Against Governmental Entities
Suing a governmental entity in Texas follows different rules under the Texas Tort Claims Act. Unlike traditional medical malpractice lawsuits, claims against Texas hospitals or state-employed health care providers must be filed within six months of the alleged malpractice.
Statute of Limitations for Texas Medical Malpractice Claims Against VA Hospitals
Under the Federal Tort Claims Act (FTCA), patients injured due to malpractice at VA hospitals can file Texas medical malpractice lawsuits against the federal government. These claims have a two-year statute of limitations from the date the malpractice occurred, and the legal process requires submitting an authorization form before filing a lawsuit.
Contact a Houston VA disability lawyer to learn more.
Statute of Limitations for Texas Military Health Care Liability Claims
Military members and their families receiving treatment at military hospitals may file medical malpractice lawsuits if a negligent act by a health care provider caused harm. Claims under the Military Health Care Liability system must follow a strict two-year statute of limitations. However, Texas medical malpractice claims involving FTC often require an expert report to prove medical errors.
Time Limit to Sue a Public Hospital in Texas
Public hospitals in Texas, including those operated by the state, are subject to different rules under the Texas Tort Claims Act for health care liability claims. Patients injured in Texas public hospitals must file their claim within the two-year statute of limitations. Additionally, the legal process requires filing a notice to the appropriate government entity within six months of the alleged medical negligence. Failure to meet these strict deadlines can result in losing the right to seek compensation.
What Constitutes Medical Malpractice in Texas?
Healthcare professionals are required to uphold the Texas medical standard of care. Malpractice occurs when this standard isn’t met and causes harm. Victims can then sue for the injury caused by the medical error. Common forms of malpractice in Texas include: surgical errors, misdiagnosis, failure to treat, and medication errors.
For more information, see the four D’s of medical negligence in Texas.
How Does a Medical Malpractice Lawsuit Work in Texas?
Filing a Texas medical malpractice claim involves proving that a medical professional or hospital committed a negligent act that caused harm. Patients must file within the Texas statute of limitations for medical malpractice, provide notice, and submit an expert report to support their medical malpractice case.
Expert Reports in Texas Medical Malpractice Lawsuits
Under Texas law, an expert report from a qualified medical professional is required in all medical malpractice cases to prove that a healthcare provider failed to provide proper health care treatment.
Written Notice to Health Care Providers For Medical Malpractice Cases
Before filing a medical malpractice lawsuit, the medical malpractice attorney must send a written notice to the healthcare provider or hospital via certified mail as required by Texas law.
Why You Need a Texas Medical Malpractice Attorney
The legal process for medical malpractice lawsuits in Texas is complex, with strict filing deadlines and procedural requirements. An experienced medical malpractice attorney can help medical malpractice victims navigate complex laws, ensure compliance with deadlines, and maximize compensation for harm caused by medical negligence.
Call 713-622-7271 to schedule a free consultation with an experienced Houston medical malpractice attorney from our law firm.
There is never a fee unless we recover on your behalf.
Additionally, clients are not obligated to pay expenses if a recovery is not made.
