Medical Malpractice Statute Of Limitations In Texas

Medical malpractice occurs when a healthcare provider fails to deliver care that meets the accepted standard, harming a patient. These cases are often complex, and one of the most critical aspects is understanding how long you have to file a claim. 

The medical malpractice statute of limitations in Texas sets strict deadlines, and missing them can mean losing the chance to pursue justice. At Anderson, Cummings & Drawhorn, we want Texans to understand these rules clearly and act within the proper timeframe.

What Is Medical Malpractice?

Medical malpractice in the United States occurs when a healthcare provider delivers treatment that falls below the accepted standard of care, leading to patient injury. According to the NCBI, it is a deviation from the professional standard that another similarly trained provider would have provided under the same circumstances. 

Common examples include surgical errors, misdiagnosis, or medication mistakes. In Texas, these situations can cause serious, long-term consequences, and the law allows injured patients to pursue compensation when negligence is proven.

How Long Do I Have To Sue For Medical Malpractice In Texas?

In Texas, patients usually have two years to file a lawsuit. The time is measured from the date of the negligent act or when the injury was discovered. This deadline is outlined in the Texas Civil Practice and Remedies Code, Sec. 74.251. Beyond this two-year window, claims may be barred unless exceptional circumstances apply.

It is important to note that Texas law also requires injured patients to provide written notice of their claim at least 60 days before filing suit. A Certificate of Merit from a qualified medical professional must accompany the lawsuit, verifying that the care fell below the standard expected of a provider. These extra requirements make timing even more critical, as missing any step could cause delays that threaten the claim’s success.

When Does The Statute Of Limitations Start?

Texas generally starts the two-year clock on the date the malpractice occurred. Under the discovery rule, the period can begin when the injury should reasonably have been discovered, such as when a foreign object is later found after surgery. Courts assess whether any delay in discovery was reasonable based on the facts of the case.

Special Rules For Minors In Medical Malpractice Cases

Texas law provides additional protection for children injured by medical negligence. For minors under 12, the deadline to file a malpractice claim is extended until their 14th birthday. This rule ensures families have time to recognize harm and pursue a claim even when the injury is not immediately apparent.

For example, if a newborn suffers an undiagnosed birth injury but the consequences are not clear until age 6, the family would still have until the child turns 14 to file a lawsuit. This extension balances the need for timely claims with the recognition that injuries to children may not always be immediately apparent.

Medical Malpractice Filing Deadlines By Scenario

Below are common deadlines in Texas medical malpractice cases:

• Standard malpractice claim: 2 years from negligent act or completion of treatment
• Injury discovered later: 2 years from the date the injury was discovered or should have been discovered
• Minor under age 12: Until the child’s 14th birthday
• Fraudulent concealment: May extend beyond 2 years depending on circumstances
• Statute of repose: No claim allowed more than 10 years after the incident

To illustrate, consider a patient who undergoes gallbladder surgery on May 1, 2023, and learns immediately that the procedure caused complications due to negligence. That patient generally must file by May 1, 2025. In contrast, if a sponge was accidentally left inside during surgery and only discovered with imaging two years later, the filing window may begin at the time of discovery. These scenarios show how critical it is to evaluate the unique facts of each case.

What Happens If You Miss The Medical Malpractice Deadline?

Missing the statute of limitations will likely prevent your case from moving forward. Courts in Texas generally dismiss claims that are filed late, regardless of how severe the injury is. Once the deadline passes, even a strong case may not be heard. There are a few exceptions, such as fraud or concealment by the healthcare provider, but those are rare.

Failing to meet the deadline can also affect leverage in settlement negotiations. Hospitals and insurers are more likely to dismiss claims when they know the filing period has expired. For patients and families already struggling with medical expenses, this creates additional stress and frustration. Acting promptly and consulting an attorney early is the best way to preserve essential rights.

Speak To A Texas Medical Malpractice Attorney Today

At Anderson, Cummings & Drawhorn, we know how challenging medical malpractice claims can be. Strict deadlines make it critical to act quickly and protect your right to compensation. Our team is committed to helping Texans navigate the filing process, gather strong evidence, and pursue accountability against negligent providers. 

Contact us at 817-920-9000 to discuss your case and take the first step toward justice.