Medical Malpractice Statute of Limitations in Texas
Last verified 2026-07 · Source: Tex. Civ. Prac. & Rem. Code § 74.251
The deadline
2 years
from the date of the negligent act, or the last date of treatment, under Tex. Civ. Prac. & Rem. Code § 74.251.
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Texas law sets a hard deadline of 2 years to file a medical malpractice claim. The controlling statute is Tex. Civ. Prac. & Rem. Code § 74.251, and the clock generally starts on the date of the negligent act, or the last date of treatment. Below: exactly when that clock starts, the exceptions that can pause it, and the traps that shorten it.
Texas Deadlines for Related Claims
| Claim type | Deadline | Statute |
|---|---|---|
| Medical Malpractice | 2 years | Tex. Civ. Prac. & Rem. Code § 74.251 |
| Car Accident | 2 yrs | Tex. Civ. Prac. & Rem. Code § 16.003 |
| Credit Card Debt | 4 yrs | Tex. Civ. Prac. & Rem. Code § 16.004 |
When the Clock Starts
In Texas, the limitations period for medical malpractice claims generally begins on the date of the negligent act, or the last date of treatment. Texas does not apply a general discovery rule to this claim type — the date of the event controls, which makes early action critical.
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Exceptions That Can Extend the Deadline
- Minors: the clock is generally paused while the injured person is under 18.
- Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
- Defendant leaves the state: absence can pause the clock in many circumstances.
- Government-claim trap: Claims against public hospitals fall under the Texas Tort Claims Act 6-month notice rule (§ 101.101).
- Damage caps: Non-economic damages capped at $250,000 per defendant category (§ 74.301).
10-year statute of repose applies regardless of discovery.
Source: Tex. Civ. Prac. & Rem. Code § 74.251, official Texas statute · verified 2026-07
What to Do Before the Deadline Runs
- Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
- Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
- Send preservation/notice letters where required (especially for Texas government defendants).
- If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.
How Texas Compares to Nearby States
| State | Deadline | Statute |
|---|---|---|
| Texas | 2 years | Tex. Civ. Prac. & Rem. Code § 74.251 |
Frequently Asked Questions
How long do I have to file a medical malpractice claim in Texas?
You have 2 years from the date of the negligent act, or the last date of treatment, under Tex. Civ. Prac. & Rem. Code § 74.251.
Can I still sue after 2 years in Texas?
Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (tolling for minors, fraudulent concealment) can extend the deadline; whether one applies depends on your facts.
What if the victim was a minor?
Texas generally pauses ("tolls") the deadline while the injured person is under 18, giving them time to file after reaching adulthood. Special limits can still apply, so check the statute.
Is the deadline different for claims against the government?
Claims against public hospitals fall under the Texas Tort Claims Act 6-month notice rule (§ 101.101).
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Sources
- Official Tex. Civ. Prac. & Rem. Code § 74.251 — official Texas statute
- Verified 2026-07 under our 4-step process — every line checked against the sources above. How we verify
This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed Texas attorney.