Texas Medical Malpractice Statute of Limitations

The definition for malpractice is the same for every state in the union.  If a doctor fails to diagnose a problem that results in further injury or death, he/she can be held liable for the damages.  However, patients can also file suit if the doctor fails to provide an acceptable form of treatment or withholds the proper care for an unreasonable length of time that also results in the basis for a claim.  However, each state has its own laws regarding statute of limitation, expert witnesses, and award amounts.  Texas is no exception.  For instance, the defendant cannot have the amount of the award reduced because of collateral sources of compensation from insurance.

Time Limits for Filing a Claim in Texas

In the state of Texas, a claim must be brought before the court within two years of the act or lack of treatment that caused further injury or death.  No action can be taken after 10 years.  In the case of a minor under the age of twelve, action must commence by the child’s fourteenth birthday.

Negligence Laws

In Texas, the negligence laws differ slightly from other states.  For example, they have abolished the law that holds all of the defendants equally responsible for the judgment, depending on the percentage of liability.  Therefore, if one of the defendants is only 25% responsible for the injury or death, he/she will have to pay accordingly.  However, if the percentage of responsibility is more than 51%, the defendant could be responsible for the entire amount, if the other defendant(s) cannot pay.  For further specifics, see the chart below:

Award Limits in Texas

If the plaintiff wins an award for malpractice in the state of Texas, the amount of the judgment is capped at $750,000.  The max amount received from one defendant is $250,000, and the same limitation is placed on one health care facility.  If more than one facility or person is found to be at fault, the amount of the final judgment still cannot exceed the max amount of $750,000.

Legal Help

The state of Texas has some legalities differing from any other states in the union.  Representing yourself in a malpractice suit can be risky business.  You may not totally understand some of the proceedings, and you may end up settling for much less, than you deserve in order to pay current and future medical bills.  You may also not get the punitive damages needed to survive without the income of the person who has been injured or died because of the malpractice.  Professional legal help can make sure all of the pertinent information is presented before the court.