Victims of medical malpractice and accidents often qualify to receive compensation for their injuries, but it’s essential that these claims are filed in time. Make sure that you understand the medical malpractice statute of limitations in Texas to avoid missing the deadline.
As a general rule of thumb, you have two years for injury claims. But there are a few exceptions, which is why it can be smart to consult with a personal injury attorney for personalized recommendations. Here are a few things that you need to know about filing deadlines and the statutes of limitations.
Texas Statute of Limitations Deadlines Overview
Most claims fall under the two-year statute of limitations timeline. But the actual date that the countdown begins depends on the type of claim. For example, personal injury and medical malpractice claims usually need to be filed within two years of the date of the incident. If it’s a wrongful death claim filed by the family, then the two-year timeline starts from the date of death (not the date of injury).
Keep in mind that there are certain exceptions that might make the statute of limitations longer or shorter. For example, if a government entity is liable for the injury, then the timeline is much shorter.
Even though you have time to file the claim, it’s recommended that you start this process as soon as possible after the injury. The sooner a legal team starts the investigation, the easier it is to find proper evidence that proves liability and ties the injuries to the incident. So, if you or a loved one has recently been injured, then reach out to our legal team as soon as possible.
How Long Do You Have to Sue for Malpractice in Texas?
There are a few timeline nuances that need to be addressed when it comes to medical malpractice. Consult with an attorney to ensure that you don’t miss the filing deadline.
For example, typically the two-year timeline starts from the date of the treatment or the breach that occurred. But if you were receiving ongoing treatments for the same condition, then the statute of limitations is calculated based on two years from the date that the course of treatments ended.
Here in Texas, there is also a pre-suit notice that must be sent to the provider. Depending on how the timeline works out, this notice might extend the deadline a little bit (by up to 75 days).
Then, an expert report must be filed within 120 days after the defendant answers. If you miss this deadline, then the case might be closed prematurely.
Texas Statute of Repose Medical Malpractice Limits
An outer limit for filing a medical malpractice claim can fall under the statute of repose. In this situation, an injured patient has ten years from the treatment to file their claim, regardless of when the harm was discovered.
Once the 10-year period has passed, there is a hard ceiling, and all claims are stopped at this point. There are no exceptions to the discovery rule in Texas medical malpractice claims.
Statute of Limitations Exceptions That Can Extend a Deadline
Your medical malpractice attorney can help you identify whether there are any exceptions that apply to your claim. These details need to be evaluated on a case-by-case basis since every situation is unique. Some of the possible exceptions might include:
- Minors Were Involved: If children under the age of twelve were involved, then they get extra time. Usually, the deadline is the child’s 14th birthday.
- Legal Incapacity: If a victim is legally recognized as incapable of managing their own affairs (such as children, as mentioned above), then it’s possible that legal incapacity might change the deadline.
- Government Providers: When a government hospital or provider is involved in a medical malpractice claim, then there is a shorter notice deadline. These timelines can be as short as six months after the incident.
- Fraudulent Concealment: If the provider took steps to hide the mistake or wrongdoing, then the filing deadline might be extended. It’s necessary to have strong evidence to prove the concealment.
Also, keep in mind that the statute of limitations laws are based on the location where the injuries occurred. So, if you experienced medical malpractice in another state, then you might be working with a different timeline.
What Happens If You Miss the Statute of Limitations in Texas?
It’s critical to track deadlines for the medical malpractice statute of limitations in Texas because the case is often dismissed once this timeline passes. Regardless of how strong your evidence is, there’s nothing that you can do if the statute of limitations is already over.
Remember that insurance companies are diligent about trying to reduce their out-of-pocket costs, which means that they are tracking the deadlines closely. It’s rare for courts to make exceptions to these rules.
The most effective solution for staying ahead of these deadlines is by working with an experienced, proactive legal team. We’ll handle the paperwork and logistics to ensure that nothing slips through the cracks.
FAQs
Can I still file if I did not know a doctor was negligent until years later?
It depends on the situation, but the discovery rule in malpractice cases is limited here in Texas. The ten-year repose limit is a hard cut-off for filing claims.
What if the at-fault party is a government hospital or public employee?
When a government entity or public employee is involved, the deadlines are much shorter. In these cases, the timeline can be as short as six months. So, it’s important to act quickly after the injury occurs.
Do I need to file before I know the full extent of my injuries?
Yes, you should file promptly, even when you are still receiving treatment. Remember that the clock keeps running. Also, the more time that passes, the harder it is to find strong evidence and reliable witnesses.
Schedule a Complimentary Case Review Before Time Runs Out
If you are wondering whether you have a case that is worth pursuing, reach out to our team at Wormington & Bollinger for a no-obligation case review and personalized recommendations. These statute of limitations deadlines are strict, which is why an early review is the best solution to protect your legal rights.
Wormington & Bollinger is here to help every step of the way. For more information, contact us today.