When considering a medical malpractice claim, there are facts you should know about bringing a case, such as the timeframe for filing a lawsuit.
Statute of limitations
Each state establishes its own deadlines for filing claims based on whether the civil action is for personal injury, wrongful death, some other type of tort, or as discussed here, medical malpractice. The legal term for such a deadline is “statute of limitations.”
Texas law
Medical malpractice in Texas is based on Tex. Civ. Prac. &Rem. Code, Section 74.251 (a), which states that the claimant has only two years to file a claim from the occurrence of the breach or tort or from the date the medical or health care treatment subject to the claim was completed. The statute states that minors under the age of 12 have until their 14th birthday to file. However, this part of the statute for minors was declared unconstitutional under a later court case ruling, establishing that the statute for minors starts to run when they reach the age 18.
Statute 74.251 is a significant change in Texas law. Prior to 74.251, the statute of limitations ran from the date the injury was discovered. For example, if during an examination, a physician x-rayed and discovered the cause of a medical complication was a scalpel left inside the patient from a previous surgery, the statute of limitations would run from that point of discovery. However, under the legal change, if the patient does not discover the error within two years of the surgery date where the surgeon initially made the error, the patient loses the right to sue based on the statute of limitations. Yet, fraudulent concealment of the error provides an exception. Other laws also come into play that may be in your favor, and if you have a medical malpractice concern you should seek a legal opinion.
Our law firm handles medical malpractice cases throughout Texas and nationwide. We offer a free initial case evaluation to discuss your potential case. Contact the Talaska Law Firm online or call (888)791-5191 today to arrange a consultation with one of our experienced medical malpractice lawyers.