Medical Malpractice Rules in Texas
The deadline to file a medical malpractice claim in Texas, the discovery rule, and caps on damages.
Short answer: Two years from the date of the breach or tort, or from the date the treatment or hospitalization at issue was completed. Children under 12 have until their 14th birthday. Tex. Civ. Prac. & Rem. Code §§ 74.251, 74.051
| Medical malpractice deadline | Two years from the date of the breach or tort, or from the date the treatment or hospitalization at issue was completed. Children under 12 have until their 14th birthday. Regardless, every health care liability claim must be filed within 10 years after the act or omission (statute of repose). Before suing, the claimant must send written notice by certified mail to each provider at least 60 days before filing. |
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| Medical malpractice caps | Noneconomic damages in a health care liability claim are capped at $250,000 per claimant against all physicians and other non-institution providers combined, $250,000 per claimant against a single health care institution, and $500,000 per claimant for all institutions combined. In wrongful death or survival actions against a physician or health care provider, total damages (including exemplary damages) are capped at $500,000 per claimant, adjusted for inflation since 1977 under a consumer price index formula. The statute does not state the current inflation-adjusted amount of the § 74.303 limit; medical expenses are excluded from that limit under § 74.303(c). |
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FAQ
What is the statute of limitations for medical malpractice in Texas?
Two years from the date of the breach or tort, or from the date the treatment or hospitalization at issue was completed. Children under 12 have until their 14th birthday. Regardless, every health care liability claim must be filed within 10 years after the act or omission (statute of repose). Before suing, the claimant must send written notice by certified mail to each provider at least 60 days before filing.
Is there a cap on medical malpractice damages in Texas?
Noneconomic damages in a health care liability claim are capped at $250,000 per claimant against all physicians and other non-institution providers combined, $250,000 per claimant against a single health care institution, and $500,000 per claimant for all institutions combined. In wrongful death or survival actions against a physician or health care provider, total damages (including exemplary damages) are capped at $500,000 per claimant, adjusted for inflation since 1977 under a consumer price index formula.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.