Every state, including Texas, has deadlines- or statute of limitations - for filing medical malpractice lawsuits. The statute of limitations in Texas is two years. The two-year clock begins ticking on the date the injury was or could reasonably have been discovered, not necessarily when the event happened—or on the final day of continuous treatment.
Before a patient is allowed to file a medical malpractice lawsuit in Texas, Texas Civil Practice & Remedies Code section 74.051 requires that the prospective plaintiff provide written
Patients in Texas are also required to provide an expert report on each defendant within 120 days of filing the lawsuit. The expert report must include a description of the failure to meet the standard of care and the failure of care relates to the overall harm to the patient.
In wrongful death cases due to medical malpractice, Texas law caps both economic and noneconomic damages. At the time the statute was written, there was a $500,000 cap for compensatory damages in cases of wrongful death due to negligence. However, the statute did allow for limit increases based on inflation. Currently, the compensatory damage limit for a wrongful death claim is approximately $1,600,000.
Medical Malpractice in Texas: Facts and Statistics