Understanding Medical Malpractice Statute of Limitations

In civil law, a statute of limitations determines how long you have to file suit following an incident. All personal injury cases have a statute of limitations, though the amount of time allowed can vary widely depending on the nature of the accident or injury.

If you live in Texas and believe you have been injured through medical malpractice of any type, the standard deadline to take legal action is two years from the date of the incident. If the injury is not discovered immediately, these two years begin at the date damages were discovered. This is known as the discovery rule.

There is a very, very limited exception to the harsh standard of limitations that may apply if you were the victim of malpractice and could not have discovered that fact within the two year statute of limitations, and then file suit within a “reasonable” time after you discover the malpractice.  This does NOT mean that you “have two years from the date you discover malpractice to file suit”.  You don’t.  That statement is NOT TRUE.   The exception to the statute of limitations is so narrow, and the courts’ interpretation of it is so unreasonable, that you must have a competent medical malpractice specialist analyze the facts of your case so that you don’t think you have more time than you do.

If you believe you have cause to file a medical malpractice claim, please call (972) 230-6200 to schedule a free consultation at the Dallas office of Polewski & Associates right away. Time is of the essence in these cases and the faster we can get to work on your case, the better your chances of obtaining full compensation and preventing others from suffering at the hands of dangerous medical providers.

Do not Wait to File a Claim

You have two years from the date of discovery to file a medical malpractice lawsuit, but waiting is never a good idea. Doctors, hospitals, and other healthcare professionals are heavily protected by lawyers and insurance companies who know exactly how to beat these claims. Praying on vulnerability, these individuals and organizations can exploit your waiting and use it to minimize or dismiss your claim.

The best defense against the dismissive and cruel tactics of the medical and insurance industries is swift and aggressive legal action – and our Dallas medical malpractice lawyers are prepared to take such action immediately to help ensure you are provided the full compensation you are due. Equally important, holding negligent healthcare providers immediately accountable helps protect others and sends a message that harming patients will not be tolerated now or at any time in the future.

Our team of medical malpractice attorneys has over 25 years of experience holding negligent healthcare providers accountable for their actions. If you believe you have cause to file suit, please contact Polewski & Associates right away to learn how we can help you and your family get the justice you deserve. 

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