Medical malpractice occurs when a healthcare provider fails to provide proper care to a patient, resulting in injury or harm. The consequences of medical malpractice can be severe, and patients may be left with lifelong injuries or disabilities. If you believe you have been a victim of medical malpractice, you may be entitled to compensation for your injuries. However, it's essential to act quickly, as there is a time limit for filing a medical malpractice lawsuit.
Statute of Limitations for Medical Malpractice Lawsuits
The time limit for filing a medical malpractice lawsuit is known as the statute of limitations. This law limits how much time a patient has to file a lawsuit against a healthcare provider. The statute of limitations varies by state, and it's essential to be aware of the specific time limit in your state.
You Have Two Years To File a Medical Malpractice Lawsuit in Texas
In Texas, the time limit for filing a medical malpractice lawsuit is two years from the date of the alleged malpractice. However, there is also a statute of repose, which means that a medical malpractice lawsuit cannot be filed more than ten years after the medical treatment.
It's crucial to act quickly if you believe you have been a victim of medical malpractice in Texas. Failing to file within the statute of limitations or the statute of repose can result in your case being dismissed, and you may lose your right to seek compensation for your injuries.
Exceptions
There are some exceptions to the statute of limitations in medical malpractice cases. For example, if the patient was a minor at the time of the injury, the clock on the statute of limitations may not start ticking until the minor patient turns 18. Note, however, that the 10-year statute of repose may work to foreclose a minor patient’s ability to file suit before the minor reaches the age of majority. For instance, if an infant experiences a lack of oxygen during a traumatic delivery and has birth injuries consistent with hypoxic-ischemic encephalopathy, the child’s parent or guardian may need to file suit on behalf of their child before the child’s tenth birthday. The effect of the application of the statute of repose on a minor is currently an open question in Texas.
Additionally, Texas has a "discovery rule," which means that the clock on the statute of limitations doesn't start ticking until the patient discovers the injury or should have discovered the injury through the exercise of reasonable diligence. However, in Texas, a patient only has a “reasonable time” in which to file a medical malpractice lawsuit after discovery of the injury. What constitutes a “reasonable time” depends upon the facts of each situation, but generally, courts have held that 4 to 6 months is a “reasonable time” for a patient to retain an attorney and file a lawsuit, after the discovery of an injury.
Helping You File In Time
Glenn W. Cunningham is an experienced San Antonio medical malpractice attorney committed to advocating for individuals who have suffered due to medical negligence or malpractice. With over 30 years of experience, Glenn W. Cunningham is one of Texas's most highly skilled attorneys, having secured millions of dollars for his clients. He and his team exclusively focus on medical malpractice law, using their extensive knowledge and resources to pursue the highest possible compensation for their clients.
If you or a loved one has been injured due to medical negligence, it's essential to have a skilled attorney like Glenn W. Cunningham and his team on your side. They offer free initial consultations and are dedicated to providing unmatched legal advice and representation. Contact them online or call their office today to schedule a consultation.