Texas Statute of Limitations for Medical Malpractice
In Texas, the statute of limitations for medical malpractice is 2 years. After this period, a lawsuit based on this type of claim is generally time-barred.
Data last updated: Apr 16, 2026Key Takeaways
- Time limit: 2 years from accrual.
- Statute: Tex. Civ. Prac. & Rem. Code § 74.251.
- 2 years from the act or omission, with a 10-year statute of repose. Tolled for minors under 12.
What are medical malpractice claims?
Claims against healthcare providers for negligent treatment, diagnosis, or care.
Details
2 years from the act or omission, with a 10-year statute of repose. Tolled for minors under 12.
General Texas Rules
Texas applies the discovery rule in limited circumstances, primarily in fraud and professional malpractice cases. The state has a general 4-year statute for most contract and property claims. Texas does not have a broad tolling provision for absence from the state.
Other Statutes of Limitations in Texas
Medical Malpractice in Other States
Frequently Asked Questions
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What is the statute of limitations for medical malpractice in Texas?
The statute of limitations for medical malpractice in Texas is 2 years. Citation: Tex. Civ. Prac. & Rem. Code § 74.251.
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When does the clock start for medical malpractice in Texas?
2 years from the act or omission, with a 10-year statute of repose. Tolled for minors under 12.
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Can the statute of limitations for medical malpractice be extended in Texas?
In some cases, yes. Tolling provisions may apply for minors, persons with incapacity, or when the defendant is absent from the state. The discovery rule may also delay the start of the statute. Consult an attorney for your specific situation.