Medical malpractice can cause significant damage to a person’s health, life, and financial state. In such cases, the injured person is often entitled to claim compensation for their losses. However, as with any type of legal case, there is a time limit for filing a medical malpractice lawsuit in Texas. This time limit is known as the statute of limitations. In this article, we will discuss how long you have to file a medical malpractice lawsuit in Texas and the factors that can affect this time limit.
The statute of limitations for a medical malpractice lawsuit in Texas is two years from the date when the injury occurred or when the claimant discovered or should have discovered the injury. However, in some cases, the time limit may be extended. For example, if a minor is injured due to medical malpractice, the statute of limitations can be extended until two years after the minor turns eighteen. Similarly, if the malpractice caused the claimant’s mental incapacitation, the statute of limitations can be extended until the person recovers their mental faculties.
Another factor that can affect the statute of limitations for a medical malpractice lawsuit in Texas is the “discovery rule.” Under this rule, the limitations period starts from the date when the claimant knew or should have known the injury’s cause. For instance, if a person developed cancer years after receiving chemotherapy and later discovered that the chemotherapy caused the cancer, the statute of limitations for a medical malpractice lawsuit would begin from the date of the discovery.
It’s also worth noting that Texas has a statute of repose, which sets an absolute deadline for filing a medical malpractice lawsuit, regardless of when the injury occurred or was discovered. The statute of repose for medical malpractice in Texas is ten years from the date of the act or omission that caused the injury. However, this time limit can be extended if the malpractice was deliberately concealed by the healthcare provider or facility.
If you suspect that you or a loved one has been a victim of medical malpractice, do not hesitate to seek legal advice sooner rather than later. The statute of limitations for filing a medical malpractice lawsuit in Texas is two years but may be extended under specific circumstances. Waiting too long to file a claim can result in no compensation for your injuries. Contact Adam Miller, The Texas Bulldog for a free case evaluation. He can you file a lawsuit on your behalf if warranted. Remember that every case is unique, and only a qualified attorney like Adam Miller, Texas Bulldog can advise you on how to proceed. Call now for a no obligation consultation at 713-572-3333.
