What Is the Statute of Limitations for Medical Malpractice in Texas?
In Texas, the statute of limitations for medical malpractice is generally 2 years under Tex. Civ. Prac. & Rem. Code § 74.251.
Medical malpractice Deadlines in Texas
How long do you have to file a medical malpractice claim in Texas?
In Texas, the statute of limitations for medical malpractice is generally 2 years under Tex. Civ. Prac. & Rem. Code § 74.251.
When does the clock start for medical malpractice in Texas?
Two years from the occurrence of the breach or tort, or from the date the treatment or hospitalisation at issue was completed.
Can the Texas deadline for medical malpractice be extended?
Chapter 74 also contains a ten-year statute of repose. An expert report is required within 120 days of filing. Notice and pre-suit requirements apply.
Is the deadline different if the claim is against the government in Texas?
Often, yes. Written notice to the governmental unit within 6 months under Tex. Civ. Prac. & Rem. Code § 101.101. The Texas Tort Claims Act requires notice to the governmental unit within six months of the incident. A city charter or ordinance may impose a substantially shorter deadline — some as short as 45 to 90 days — and that shorter period controls. The general two-y…
How does Texas compare to other states for medical malpractice?
Texas's 2 years is in the middle of the range nationally. Across the 51 jurisdictions with a verified figure, the deadline for medical malpractice ranges from 1 year to 4 years, and 2 years is the most common. Compare all states →
What Does Medical Malpractice Cover?
Situations that typically fall under the medical malpractice deadline in Texas:
