How Long After My Injury Can I Sue for Medical Malpractice in Texas?

When it comes to medical malpractice lawsuits, every state has a code section in their statutes called a "statute of limitations." The statute of limitations refers to the period of time in which a patient has to file a lawsuit after becoming the victim of medical malpractice. Once that time period passes, the patient is barred from filing a lawsuit.

In Texas, the statute of limitations is two years from the date of the negligent act or from the date of the completion of treatment. The statute is found in Texas Civil Practice and Remedies Code § 74.251.

The same code section informs us that, at the very latest, a medical malpractice lawsuit must be brought within 10 years of the negligent act. This news may be troublesome to some. If you were think you were harmed by your doctor's negligence, but you didn't find out about what your doctor did until 11 years after the fact, does that mean that you can't file a lawsuit? Not necessarily. The reason is because courts could potentially say that the law is unconstitutional and that you must be given the opportunity to sue your doctor.

Of course, in order to prevail in a situation like that, you would need to have a highly determined lawyer in Texas who knows the law well and has the experience to defend your rights. If you feel like you need to talk to a knowledgeable Texas medical malpractice attorney, find one by clicking on Texas to the left.