The Statute of Limitations in Medical Malpractice Cases in Texas

In Texas, as a result of changes in the law that occurred in 2003, the statute of limitations in medical negligence cases is a strict 2 years which begins to run from the date of the negligence, not the date you realize you are injured or the date you realize a healthcare provider=s negligence caused your injury.  There are a few rare exceptions, but the exceptions are so tricky that a useful discussion of them is not possible within the scope of this blog.

The thing to remember is that if you have a suspicion that you may be the victim of medical malpractice, you need to act immediately and not wait. Unfortunately, doctors and hospitals rarely admit their mistakes to the patient. Even doctors giving a second opinion or who are involved only in your subsequent care will rarely criticize another doctor or a hospital. In most instances, you will be forced to consult a qualified lawyer who specializes in medical malpractice cases to get at the truth. This investigation may take time and involve having experts review the medial records. This process takes time.

When I explain the law to clients, they often can=t believe the law could be so unfair and some even think I must be wrong. What they fail to grasp is that the law was written to protect doctors, hospitals and all healthcare providers from claims. If you understand the purpose of the law, you will also understand that “fairness” to patients was never a consideration.


Photo credit: Vet via / CC BY