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What is the statute of limitations for medical malpractice?

On Behalf of | May 7, 2022 | Medical Malpractice

When you consider filing a lawsuit for medical malpractice in Texas, you should understand the state laws that apply to your case.

In Texas, you have a limited amount of time to file and a limited amount of recoverable damages.

Statute of limitations in Texas

A statute of limitations restricts the timeframe in which you can file a lawsuit following an accident or crime. In Texas, you have two years to file a medical malpractice suit against a medical professional for injuries incurred under their care. The start time is from the date that the malpractice occurred. If it was ongoing, the clock begins to tick from the date of the final treatment.

Cap for non-economic damages

Most medical malpractice lawsuits include a request for non-economic damages. These include compensation for more subjectively measured losses, such as pain and suffering, emotional distress, depression, anxiety, and loss of the ability to enjoy life as you did before.

According to Texas Civil Practice & Remedies Code, non-economic damages awards cap at $250,000 per claimant against a single healthcare institution. If your case involves more than one institution, you cannot receive more than $500,000 in economic damages overall.

Statute of repose in Texas

For cases involving latent injuries that exceed the two-year statute of limitations, the state observes a statute of repose for medical malpractice. This statute allows 10 years to file a case for malpractice, starting at the date of the negligent action.

In a medical malpractice case, as with any personal injury case, it is in your best interest to file a claim as soon as possible.