The intricacies of medical malpractice claims in Texas can seem quite daunting. One of the most crucial aspects to be aware of is the statute of limitations, which sets the deadline for filing a lawsuit. Although some aspects of law are immovably concrete, there are thankfully several exceptions to the statute of limitations that can significantly impact the timeframe within which a claim must be filed.
The Concept of Tolling
Tolling is a legal concept that effectively pauses or extends the statute of limitations based on the specific circumstances of a case. Tolling can occur for various reasons, including the discovery rule, fraudulent concealment and the plaintiff’s age or mental competence.
The General Rule: Two-Year Statute of Limitations
In Texas, the general statute of limitations for medical malpractice claims is two years. According to Texas Civil Practice and Remedies Code Section 74.251, a patient has two years from the date the malpractice occurred to file a lawsuit. If the malpractice is related to an ongoing treatment, the two-year period begins on the last date of treatment.
Exception 1: The Discovery Rule
One of the primary exceptions to the two-year statute of limitations is the discovery rule. This rule applies when the injury caused by malpractice is not immediately apparent. In such cases, the statute of limitations does not begin until the patient discovers, or reasonably should have discovered the injury.
For instance, if a surgeon leaves a surgical instrument inside a patient, the patient may not realize the mistake until months later when symptoms arise. Under the discovery rule, the statute of limitations would start when the patient discovers the cause of their symptoms, rather than the date of the surgery.
Exception 2: Fraudulent Concealment
This occurs when a healthcare provider deliberately conceals their negligent actions from the patient. If the provider’s deception prevents the patient from discovering the malpractice, the statute of limitations is tolled, or paused, until the patient discovers the fraud.
For example, if a doctor knowingly fails to inform a patient about a mistake made during a procedure and actively conceals this information, the patient has additional time to file a claim once the deception is uncovered.
Exception 3: Minor Patients
The statute of limitations for medical malpractice claims involving minors is different from that of adults. If the victim of medical malpractice is a minor under the age of 12, the statute of limitations is extended until the child’s 14th birthday. This extension recognizes that young children may not recognize or be capable of communicating the harm they suffered and may not be aware of the malpractice or its implications.
For minors aged 12 and older, the standard two-year statute of limitations applies. However, if the discovery rule or fraudulent concealment is applicable, it can further extend the deadline.
Exception 4: Statute of Repose
In addition to the statute of limitations, Texas also has a statute of repose for medical malpractice claims. The statute of repose sets an absolute deadline beyond which claims cannot be filed, regardless of when the injury was discovered. Under Texas law, the statute of repose for medical malpractice claims is ten years from the date of the negligent act or omission.
This means that even if a patient discovers an injury caused by malpractice more than ten years after the incident, they are barred from filing a lawsuit. The statute of repose serves to provide finality and protect healthcare providers from indefinite liability.
Exception 5: Continuing Course of Treatment
If a patient’s injury results from a continuous course of treatment, the statute of limitations may begin on the date the treatment ended. This exception is particularly relevant in cases where ongoing care is provided for a condition, and the malpractice is part of a continuum of care rather than a single event.
For example, if a doctor consistently misdiagnoses a condition over a period of several years, the statute of limitations would start on the date of the last misdiagnosis, not the first.
Are You Worried That You’ve Waited Too Long to Pursue a Medical Malpractice Claim?
Given the complexity of medical malpractice laws and the various exceptions to the statute of limitations, seeking legal advice is crucial if you suspect you have an eligible claim. An attorney with experience in medical malpractice litigation can help evaluate the specifics of your case, determine if tolling may grant you extra time to pursue a claim and guide you through the legal process.
Find Out If You Can Still Pursue Medical Malpractice Litigation for Your Injury in Houston
If you believe you or a loved one’s injury or poor treatment outcome was due to medical malpractice, time is of the essence. Our experienced attorneys at the Weycer Law Firm are here to help you analyze your situation and determine whether there are exceptions that may allow you to pursue litigation, even if it has been more than two years since your treatment.
Contact us now to schedule a free consultation here on our website or give us a call at (713) 668-4545 today.
