If you or somebody you care about has sustained an injury or illness caused by a medical professional’s mistake, it may be necessary to file a medical malpractice lawsuit in order to recover compensation. These cases can become complicated, but they are necessary to help ensure that malpractice victims are treated fairly. However, there are time limits in place for these cases that victims need to be aware of. At Johnson, Zegen, Scott & Williams, PLLC, our Dallas medical malpractice attorneys want to discuss the statute of limitations for medical malpractice cases in Texas.
Understanding how the statute of limitations works for medical malpractice cases in Texas can be confusing. When we turn to Texas Civil Practice and Remedies Code section 74.251, we can see that the language of the law specifically states that “No health care liability claim may be commenced unless the action is filed within two years from the occurrence of the breach or tort or from the date the medical or health care treatment that is the subject of the claim or the hospitalization for which the claim is made is completed.”
Reading this language, it should be understood that a medical malpractice victim has a two-year window from the date they suffer an injury or illness to file a lawsuit. However, if the harm to the patient occurred as part of an ongoing course of treatment, the two-year “clock” will not start ticking until that course of treatment has concluded.
Additionally, Texas has in place a statute of repose of 10 years for medical malpractice cases. This means that no medical malpractice lawsuit may be filed if more than 10 years have passed since the alleged mistake occurred, regardless of when the mistake was discovered.
There are certain exceptions in place for medical errors that occur to minors in Texas. If a minor was injured due to a medical mistake before they reached the age of 12, their parent or guardian will have until that child turns 14 years of age to file a lawsuit. For example, if a child was injured at the age of five, they will have nine years to file a medical malpractice lawsuit.
If you or somebody you love has been injured due to the careless or negligent actions of a medical provider, contact an attorney as soon as possible. At Johnson, Zegen, Scott & Williams, PLLC, our are qualified and experienced team will conduct a complete investigation into your case in order to secure the compensation you need. This can include: