In Texas, understanding the statute of limitations for medical malpractice claims is crucial — if you miss the deadline, you could lose your right to hold a healthcare provider accountable. At Maloney Law Group, P.L.L.C., we often see clients who aren’t aware of how strictly these time limits are enforced.
Two‑Year Deadline: The Basic Rule
Under Texas law (Texas Civil Practice & Remedies Code § 74.251), most medical malpractice claims must be filed within two years from the date of the alleged negligent act, or from the date treatment ended if the malpractice occurred during a continuous course of care.
That means if a mistake happened during surgery or consultation, the clock generally starts to tick either on the day the error occurred or when your treatment for that issue wrapped up.
The 10‑Year Statute of Repose: A Hard Limit
Even if you didn’t discover the injury right away — or even if your injury only fully manifested years later — Texas has an absolute cut‑off. You cannot bring a health‑care liability claim more than 10 years after the negligent act or omission.
This “statute of repose” means that, regardless of when you realized something was wrong, you may be barred from filing if more than a decade has passed.
Exceptions and Special Situations
Of course, the law also provides several important exceptions — and these can make a big difference in whether your claim is still viable:
- Minors: If the injured person was under 12 years old, the statute of limitations doesn’t necessarily start running immediately. In fact, Texas generally gives such a child until their 14th birthday to file a claim.
- Continuing Course of Treatment: When medical negligence happens over a period of care — say, repeated appointments or treatment — sometimes the “two years” starts from the end of that care rather than the initial act.
- Delayed or Hidden Injuries (Discovery Rule): Some injuries are not readily apparent. For example, if a surgical instrument is left behind, or a misdiagnosis only becomes evident later, Texas may allow you to file within two years of when you reasonably discovered (or should have discovered) the injury.
- Fraudulent Concealment: If a provider actively hid the negligence — for example, by falsifying records or lying — the deadline may be “tolled,” giving you more time once the concealment is uncovered.
- Government Entities: When a medical provider is a government employee or facility, there’s a special requirement: notice of claim must often be delivered within six months of the injury.
Tolling for Pre‑Suit Notice
Importantly, Texas also offers a tolling mechanism tied to the notice requirement. Before filing a claim, you often must send a pre‑suit notice to the healthcare provider. That notice can pause (“toll”) the statute of limitations for up to 75 days.
This is one of the technical but very important pieces — missing or miscalculating the notice can jeopardize your ability to file at all.
Why These Deadlines Matter
Missing these deadlines can mean your case is “statute-barred,” and the court could dismiss it even if the medical negligence was very real.
Because exceptions, tolling, and the statute of repose create a complex legal landscape, it’s not enough to simply rely on a memory of “about when” something happened — you need a careful legal review as soon as possible.
San Antonio Medical Malpractice Lawyers
If you believe you or a loved one may have been harmed by medical negligence, do not wait. At Maloney Law Group, P.L.L.C., our experienced medical malpractice attorneys understand the intricate deadlines under Texas law. Contact us today at (210) 361-2997 to protect your rights and preserve your claim before time runs out.