Frisco Medical Malpractice Statute of Limitations
What is the Statute of Limitations?
A statute of limitations is the time limit that victims have to file their lawsuits. They vary from state to state and impact nearly every kind of case, from civil to criminal. Like any case that involves negligence, medical malpractice can be devastating for victims and their families, so it is vital to understand the statute of limitations to ensure they get the compensation they deserve.
Medical Malpractice Statute of Limitations in Texas
According to Texas Civil Practice and Remedies Code (sec. 74), the statute of limitations on medical malpractice cases in Texas is two years from:
- The date the medical professional breached the standard of care
- The conclusion of treatment for persistent disease or stay in a long-term care facility. In general, this only comes into play if the exact date of injury cannot be determined.
However, like many other laws and regulations, there are several exceptions to the statute of limitations.
Exceptions to the Texas Medical Malpractice Statute of Limitations
There are a couple of situations where the standard Texas medical malpractice statute of limitations does not apply.
The Victim is a Minor
Minors have until age 14 to file their medical malpractice lawsuit. The statute applies differently to minors due to the complexity of childhood development. There are situations where a medical error may have occurred when a child was born, and it does not become apparent until they are six years old. However, any claims on a minor’s medical expenses still fall under the standard two-year statute of limitations.
The Negligent Medical Professional is a Government Employee
The statute of limitations on lawsuits brought against government employees is only six months. Government entities own many hospitals and clinics in Texas, so any medical malpractice lawsuits must be filed promptly.
Negligence not Discovered Until After the Statute of Limitations has Expired
In minimal circumstances, the injured party may file a medical malpractice suit if they discover their injury within a reasonable time after the two-year statute has expired. However, the outcomes of cases determining what a “reasonable time” is, vary greatly. For that reason, if you discover an injury or complication after two years, you need to act quickly.
Contact a Frisco Medical Malpractice Attorney
If it is not apparent, the statute of limitations on medical malpractice is very complicated in our state. So, finding an attorney who truly understands the statute of limitations is vital. The Frisco medical malpractice attorneys at Reynolds & Reynolds have decades of experience getting medical malpractice victims and their families the compensation they deserve. Our attorneys know how to review a medical record, understand medical descriptions of the injuries, and understand the requirements for linking the injury to the negligence of a medical professional. Find us on social media to learn more about our services, or contact us at our Frisco personal injury office today for your free consultation. There will be no attorneys’ fees unless we obtain financial compensation for you.