How Long Do You Have to File a Medical Malpractice Claim in Texas?

Filing a medical malpractice claim in Texas involves adhering to specific legal timelines set by state law. Understanding these time limits is crucial for anyone considering legal action against a healthcare provider.

In Texas, the statute of limitations for filing a medical malpractice lawsuit is generally two years from the date of the alleged malpractice. This means that you must initiate the lawsuit within two years of the incident that caused your injury or harm. If you fail to file within this period, you may lose your right to seek compensation.

However, there are exceptions to this rule that may extend the filing period. For instance, if the malpractice was not immediately discoverable, the two-year period may be extended. This is often referred to as the "discovery rule," which allows victims to file a claim within two years of discovering the injury, not necessarily when it occurred.

In cases involving minors, different rules apply. If a child is injured due to medical malpractice, the statute of limitations is extended to two years after the child's 18th birthday, allowing parents or guardians to file on behalf of the minor.

Additionally, Texas law requires that a medical malpractice claim be preceded by a thorough investigation and a pre-suit notice. This notice must be sent to the healthcare provider at least 60 days before you file the lawsuit. This procedure helps facilitate a potential settlement before the case reaches court.

It is vital to consult with a qualified attorney who specializes in medical malpractice cases to navigate the complexities of the law. They can provide guidance on specific deadlines and assist in gathering evidence to support your claim.

In summary, if you believe you have a valid medical malpractice claim in Texas, be aware of the two-year filing deadline and any applicable exceptions. Acting promptly and seeking professional legal advice can significantly impact the outcome of your case.