Medical errors have damaging consequences, leaving patients with additional injuries, mounting bills, and questions about their legal options. If you suspect medical negligence caused harm to you or a loved one, understanding Texas filing deadlines is crucial for protecting your right to seek compensation.
At Dortch Lindstrom Livingston Law Group, our Houston medical injury lawyers help families throughout Texas understand these strict time limits—known as the statute of limitations—and take appropriate legal action when health care providers fail to meet accepted standards of care. However, it’s important to know the timeline you’re up against and why it’s crucial to secure legal assistance right away.
Standard Two-Year Filing Deadline
The Texas statute of limitations requires you to file a medical malpractice lawsuit within two years of when the negligent treatment occurred. This deadline applies regardless of when you discovered the injury or its connection to medical care.
Key points about the standard deadline:
- Clock starts ticking from treatment date. For example, if surgery occurred on June 1, 2025, you must file by June 1, 2027, even if complications didn't appear until months later.
- Stricter than other injury claims. Unlike car accidents or slip and fall cases that allow two years from injury discovery, medical malpractice cases typically start the countdown from the treatment date.
- No extensions for delayed symptoms. The two-year period generally applies even when injuries take time to manifest or patients don't immediately suspect negligence, although individual case stipulations might vary.
This timeline reflects Texas policy favoring certainty for health care providers while still allowing injured patients reasonable time to pursue valid medical malpractice claims. However, there are some exceptions to the two-year window.
Texas Statute of Limitations: Discovery Rule Exception
Our state laws recognize that some medical injuries remain hidden from patients for extended periods. This particular exception allows the statute of limitations to begin when you discovered or reasonably should have discovered both the injury and its connection to medical negligence.
Common discovery rule situations:
- Foreign objects left during surgery. Surgical instruments or sponges revealed months or years later through imaging or additional procedures.
- Misread diagnostic tests. Cancer or other serious conditions that progress due to delayed diagnosis from incorrectly interpreted results.
- Gradual medication injuries. Organ damage or other complications that develop slowly from prescription errors or drug interactions.
Courts examine whether a reasonable person in your situation would have known about the injury and its medical cause within the standard two-year period. When you arrange for a free consultation with one of our skilled medical injury lawyers, we’ll provide more detailed information about this exception and whether it applies to your case.
Extended Medical Injury Protection for Young Children
When medical malpractice affects children under age 12, lawsuits may be filed until the child's 14th birthday, regardless of when the injury happened or was discovered.
Important aspects of the minor's rule:
- Longest possible filing period. A newborn injured during birth would have nearly 14 years for family members to establish a case.
- Recognizes developmental delays. Some birth injuries or pediatric treatment errors don't become apparent until a child reaches school age or certain developmental milestones.
- Only applies to children under 12. The standard adult medical malpractice statute of limitations takes effect once a minor turns 12.
Parents can file at any time before their child's 14th birthday. However, to preserve evidence and witness testimony, we encourage our clients to take action as soon as possible.
Texas Medical Malpractice Absolute Time Limit—and Exceptions
The state imposes a 10-year statute of repose that bars most medical negligence claims—regardless of when injuries are discovered. This absolute deadline protects health care providers from indefinite liability exposure.
Limited exceptions to the 10-year rule:
- Fraud or concealment. When health care providers deliberately hide their mistakes or falsify records to prevent discovery.
- Foreign objects. Items left inside patients during surgical procedures may extend the filing deadline.
- Continuing treatment. Ongoing care for the same condition originally mishandled might create different deadline calculations.
When a provider crosses a line, you deserve a personal injury attorney who provides detailed clarification—and is prepared to go to trial if necessary to make things right.
Our Texas Medical Injury Lawyers Step Up to Protect Your Health
If you suspect medical malpractice caused injury to you or a family member, taking prompt action is essential.
Steps to preserve your rights:
- Request medical records immediately. Obtain complete treatment protocols, test results, and all correspondence related to your care.
- Document ongoing impacts. Keep detailed records of additional treatments, missed work, and continuing symptoms.
- Don't assume deadlines have passed. Medical malpractice timing rules involve multiple factors that our experienced attorneys will evaluate.
- Seek legal consultation quickly. Even if you're unsure whether malpractice occurred, consulting with a Houston medical injury lawyer helps determine your options.
At Dortch Lindstrom Livingston Law Group, we provide a comprehensive evaluation of your potential medical malpractice claim and ensure all critical deadlines are met. Our extensive legal team understands the urgency these cases require and works diligently to protect your rights, no matter where you live in our fine state, while you focus on recovery and healing.