Tex. Civ. Prac. & Rem. Code § 74.251
Medical Malpractice
Harm caused by a doctor or healthcare provider’s negligent medical care.
Statute of Limitation in Texas
Two years from incident/treatment completion, subject to 10-year repose
Deadline Calculator
Exceptions & Conditions
Minors under 12 have until age 14; 10-year statute of repose.
Example Scenario
If the malpractice occurs on January 15, 2021, the deadline to file a Medical Malpractice claim is January 15, 2023.
Understanding Statutes of Limitations in Texas
The statute of limitations for medical malpractice in Texas acts as a critical deadline for filing a civil lawsuit. This legal time limit is established by Texas state law to ensure disputes are resolved promptly while evidence is fresh and witnesses are available.
What happens if you miss the deadline?
If you attempt to file a lawsuit for medical malpractice after the 2-years period has expired, the defendant will likely file a motion to dismiss the case. In Texas, courts generally enforce these time limits strictly. Once the statute of limitations has passed, you typically lose your legal right to pursue compensation or remedy for the specific incident, regardless of the merits of your case.
When does the "clock" start ticking?
Generally, the clock begins on the date the cause of action accrues—often the date of the incident (e.g., the date of the accident or breach of contract). However, Texas law may include a "discovery rule," which delays the start of the timer until the injured party discovers, or reasonably should have discovered, the injury or damage.
Why do these laws exist?
Statutes of limitations in Texas serve to protect defendants from unfair prosecution for stale claims where evidence may have been lost over time. They also provide certainty for businesses and individuals, knowing that after a set number of years (2 years in this instance), potential liability is extinguished.
Can this be resolved in Texas Small Claims court?