What is the statute of limitations on medical negligence in Texas?
Asked by: Ms. Bonnie Hayes | Last update: October 12, 2025Score: 4.1/5 (70 votes)
According to this statute, you generally have two years from the date the malpractice occurred or the date you discovered that malpractice to file a lawsuit against the medical professional or facility for your damages.
What constitutes medical negligence in Texas?
In Texas, medical malpractice suits can be filed for “treatment, lack of treatment or other claimed departure from accepted standards of medical care” that result in injury or death to the patient. [1] Remember, it must be proven that this harm resulted from the healthcare professional's negligence.
What is the difference between medical malpractice and negligence?
Medical malpractice is when a doctor knows about the possible consequences and still makes a mistake. It is a classic case of knowingly ignoring the standard of care. While medical negligence is when an action accidentally causes harm, medical malpractice and medical negligence in Texas are legal concepts.
How long do you have to file a medical lawsuit in Texas?
In general, a medical malpractice lawsuit in Texas has a two-year window, so in most cases, you would have two years to sue a doctor after surgery. However, there are certain exceptions. Other than the deadline, there are other critical details involved which might affect your case.
Why is it hard to sue a doctor in Texas?
Texas law has made medical malpractice cases very difficult and expensive to litigate and the caps on compensation mean that it can often cost more to pursue a case than you can receive in damages. These cases also require costly expert review and testimony from medical professionals and many hours of deposition.
Medical Malpractice Statute of Limitations | San Antonio Injury Attorney
What is the average settlement for medical malpractice lawsuit in Texas?
A jury can award any amount for economic damages. Therefore, the average medical malpractice settlement is somewhere between the person's economic damages and $250,000 above that amount.
Can I sue my doctor for emotional distress in Texas?
No, in Texas, you are not allowed to sue (or file an emotional distress lawsuit) for emotional distress alone, also known as NEID (negligent infliction of emotional distress). However, you may be able to recover damages for NEID as part of a personal injury claim if you have also suffered a physical injury.
Can you sue for medical negligence after 3 years in Texas?
Though the statute of limitations gives you two years from the date you discovered the malpractice, there is also a 10-year statute of repose. This means that no matter what, medical malpractice lawsuits must be filed within 10 years of the incident that caused harm.
How hard is it to win a medical lawsuit?
According to one large-scale study of medical malpractice claims, physicians win: 80 to 90 percent of jury trials involving weak evidence of medical negligence. 70 percent of jury trials in borderline cases. 50 percent of cases with strong evidence of medical negligence.
Who is the best medical malpractice lawyer in Texas?
The Hastings Law Firm is recognized as a leader in Texas medical malpractice cases. Our founder, Tommy Hastings, is a Board-Certified Personal Injury Trial Lawyer with decades of experience fighting for justice on behalf of injured patients.
How to hold a doctor accountable?
Ask for follow-up
Following any tests or treatments, ask for a follow-up. Requesting that your doctor contact you with updates is another effective way to encourage accountability. If you are the victim of medical malpractice, you should hold your doctor accountable.
What are the consequences of medical negligence?
The consequences of medical negligence and malpractice can be physically, emotionally and financially devastating both to the victim and to his or her family. The financial losses alone arising from a death or the severe injuries caused by medical negligence can be a catastrophic blow to any family.
What is the most common example of negligence?
- A driver runs a stop sign and slams into another car.
- A driver operates illegally in the bicycle lane and hits a bicyclist.
- A driver runs a red light and hits a pedestrian in a crosswalk.
How do you prove negligence in Texas?
- Element 1: Duty of care. ...
- Element 2: Breach of duty. ...
- Element 3: Causation, or cause in fact. ...
- Element 4: Proximate cause. ...
- More negligence elements: damages in a lawsuit.
What four elements must a patient need for a legal case of medical negligence?
To do so, four legal elements must be proven: (1) a professional duty owed to the patient; (2) breach of such duty; (3) injury caused by the breach; and (4) resulting damages. Money damages, if awarded, typically take into account both actual economic loss and noneconomic loss, such as pain and suffering.
What is considered medical neglect in Texas?
(2) When determining if medical neglect has occurred, we will consider the person's pattern of failing or refusing to follow through with medical care, the severity of the condition, any pain the child is experiencing from lack of medical care, the possible impact of non-treatment, and the length of time the condition ...
How often do doctors settle out of court?
Department of Justice statistics note that 7% of medical malpractice cases end in a trial, so the others either drop their claims or settle. Although, 95% of personal injury claims settle before trial.
What are the four things that must be proven to win a medical malpractice suit?
- Duty: The duty of care owed to patients.
- Dereliction: Or breach of this duty of care.
- Direct cause: Establishing that the breach caused injury to a patient.
- Damages: The economic and noneconomic losses suffered by the patient as a result of their injury or illness.
What is the hardest element to prove in a medical malpractice case?
Proving causation is often the most difficult element of a medical malpractice case. However, it is not impossible. With the help of an experienced medical malpractice lawyer, plaintiffs may be able to overcome the challenges of proving causation and win their cases.
How to prove medical negligence in Texas?
In fact, that is just one piece of the puzzle. To prove medical negligence, a Texas plaintiff must prove that there is a duty owed to the patient, that the defendant breached the duty, and that it proximately caused injury or harm to the patient.
How much can you sue a hospital for negligence in Texas?
The size of the cap depends on whom the plaintiff is suing. Each plaintiff may recover: $250,000 in noneconomic damages from any single health care institution (such as a hospital), but no more than $500,000 from all health care institutions named as defendants in the case.
How much is emotional distress worth in Texas?
There is no specific formula for calculating the amount of compensation you can recover for emotional distress in a personal injury case. The amount you can recover will depend on several factors, including the severity of your emotional distress and the impact it has had on your life.
How long do you have to sue a doctor in Texas?
Like a lot of states, Texas has a specific statute of limitations for medical malpractice cases, and it gives an injured patient two years to get their lawsuit filed against the health care provider who they think harmed them. You can find this law at Texas Civil Practice and Remedies Code section 74.251.
How do you prove emotional distress in Texas?
However, the plaintiff must show that the defendant's action caused an ascertainable degree of mental pain and distress. The existence of grief, severe disappointment, indignation, wounded pride, shame, despair, or public humiliation may be used to prove such mental pain and distress.