San Antonio Medical Malpractice & Personal Injury Lawyers
How Long Do I Have to Claim Medical Malpractice in Texas

How Long Do I Have to Claim Medical Malpractice in Texas

How long do I have to make a medical malpractice claim?

The deadline to file a medical malpractice claim is incredibly complex. The statute of limitations can depend on a number of factors:

  • 1. Who you are suing
  • 2. The type of claim you have
  • 3. External factors, such as applicable notice periods and the facts of the claim
Because the statute of limitation requires an examination of all of the above, and usually much more, it is important to contact an attorney familiar with medical malpractice to best advise you of any impending deadlines you may have in order to preserve your rights.

Texas medical malpractice laws

In the state of Texas, a person who has experienced medical malpractice may generally have two years to bring the claim to court. However, many exceptions may apply. Some parties to a lawsuit may have different deadlines with which to provide appropriate notice of the claim, which can be as little as six months. Generally, the statute begins running on the date the negligence occurred, which may or may not be the day of the injury. When the date of the negligence is not ascertainable, a further intensive analysis of the facts and law is required before concluding the appropriate start date for limitations. This is why it is important to consult an attorney who is familiar with Texas medical malpractice statutes and case law.

Have I experienced a medical malpractice?

Generally, medical malpractice may occur if care provided is below the standard of care and results in an injury to the patient. However, it is important to know that a bad outcome is not always due to medical negligence.

Texas requires that expert report(s) be provided upon filing suit to continue litigating medical malpractice claims. If an expert report is not obtained or is deemed deficient by the court, a patient’s case may be dismissed permanently. If you think that you have experienced a medical malpractice, it is important to consult an attorney who is familiar with what is required to proceed with medical malpractice claims.

If you are or a loved one have suffered from Medical Malpractice call the attorneys San Antonio trusts, Maloney Law Group.


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