Medical Malpractice · Statute of Limitations
Malpractice Lawsuit Deadline in Texas
How long you have to sue a doctor or hospital for malpractice in Texas, the statute of limitations, plus when the clock starts, the discovery rule, the statute of repose, and the shorter deadline for suing a public hospital. Cited to the statute.
How the deadline works in Texas
When the clock starts, whether a discovery rule can delay it, the statute of repose, and the deadlines that differ for particular claims.
| How the clock works | In Texas | What it means |
|---|---|---|
| Standard deadline | 2 years | The general limitations period to file a medical-malpractice claim. |
| When it starts | Accrual | The two years runs from the date of the negligent act, or from the date the medical treatment or hospitalization at issue was completed. It does not run from discovery. Texas does not apply a general discovery rule to health-care liability claims, so a late-discovered injury usually does not reset the clock. |
| Discovery rule | No general rule | Texas rejects the general discovery rule for health-care liability claims. The one recognized exception is a foreign object negligently left in the body. Outside that, learning of the harm late does not extend the two-year deadline. |
| Statute of repose | Applies | A 10-year statute of repose bars any health-care liability claim brought more than ten years after the act or omission, regardless of discovery. It is a separate outer wall on top of the two-year clock. |
| Statute | Tex. Civ. Prac. & Rem. Code §74.251 | The controlling statute for the limitations period. Read the full text through the source link below. |
| Deadlines that can differ | Period | What it means |
|---|---|---|
| Governmental unit or public hospital | 6-month notice | A claim against a governmental unit, including many public hospitals, generally requires written notice within six months under the Texas Tort Claims Act. That step runs long before the two-year deadline, so confirm it early for any government defendant. |
| Child under 12 | Until 14th birthday | A child under age 12 generally has until the 14th birthday to file, or to have a claim filed on their behalf. Courts have questioned how the general minority tolling interacts with the two-year clock, so confirm the exact rule for an older minor. |
| Foreign object left inside | Discovery exception | A foreign object negligently left in the body is the single discovery-style exception Texas recognizes for these claims. The clock can run from when the object is or should have been discovered. |
What you can do right now
Concrete, neutral steps if you were harmed by care in Texas and the clock is running. This is legal information, not legal advice.
- Count two years from the act or the end of treatment
Write down the date of the negligent care, or the last day of the treatment at issue. In Texas your two years usually runs from that date, not from when you realized something went wrong.
- Do not count on a discovery rule
Texas does not give health-care claims a general discovery rule. Unless a foreign object was left inside you, a late-discovered injury will not reset the two years, so act as soon as you suspect malpractice.
- If a public hospital is involved, send notice within months
A claim against a governmental unit or public hospital typically needs written notice within six months. That deadline is far shorter than two years, so identify any government defendant right away.
- Talk to a Texas malpractice attorney before the deadline
Chapter 74 has strict pre-suit steps, including an expert report requirement, on top of the two-year clock. A licensed Texas attorney can confirm your deadline and the steps. The State Bar can refer you to one.
A malpractice deadline is easy to miscount, and missing it can end a valid claim. This resource can connect you with a licensed attorney who can confirm your exact deadline.
→ State Bar of Texas — Lawyer ReferralThis is general legal information, not legal advice. Deadlines turn on the specific facts of your case, and exceptions cut both ways, so confirm your date with a licensed attorney before relying on it.
What Texas malpractice claimants get wrong
Texas is one of the strictest states on the malpractice clock, and the reason is what it leaves out. The deadline is two years under Civil Practice and Remedies Code §74.251, but it runs from the negligent act or the end of the related treatment, not from when you discovered the harm. Texas does not give these claims a general discovery rule, so someone who learns two and a half years later that a missed diagnosis hurt them is usually too late, with one narrow exception for a foreign object left inside the body. There is also a ten-year outer wall, a statute of repose, that bars a claim no matter what. On top of the timing, Chapter 74 adds pre-suit steps, including an expert report, so the practical deadline to get moving is earlier than two years. If a public hospital is involved, a six-month notice can apply first. Treat the two years as firm and start early.
Common questions
What is the statute of limitations for medical malpractice in Texas?
Two years under Civil Practice and Remedies Code §74.251, running from the negligent act or from the end of the treatment at issue, not from discovery. A separate 10-year statute of repose bars claims brought more than ten years after the act.
Does Texas have a discovery rule for malpractice?
No general one. Texas rejects the discovery rule for health-care liability claims. The only recognized exception is a foreign object left in the body. Otherwise, finding out about the injury late does not extend the two-year deadline.
How long does a child have to sue for malpractice in Texas?
A child under 12 generally has until the 14th birthday to file. How the general minority tolling applies to older minors has been litigated, so confirm the exact deadline for a teenager’s claim with a Texas attorney.
What is the 10-year rule for Texas malpractice?
It is the statute of repose in §74.251(b). No health-care liability claim may be brought more than ten years after the act or omission, even if the two-year clock would otherwise still be open. It is an absolute outer limit.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.