Medical Malpractice Statute of Limitations — State Guide
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Texas medical malpractice SOL — § 74.251
Texas medical malpractice SOL is governed by Chapter 74 of the Civil Practice & Remedies Code (the "Medical Liability Act"). Under § 74.251, claims must be brought within 2 years from: (1) the occurrence of the breach or tort, (2) the date the medical treatment that is the subject of the claim was completed, or (3) the date the hospitalization for which the claim is made was completed — whichever is latest. The 2-year period is among the shortest medical malpractice SOLs in the U.S. Additionally, § 74.251(b) creates an absolute 10-year statute of repose: regardless of when the injury was discovered, claims cannot be brought more than 10 years after the underlying act.
Discovery rule — limited application in Texas
Unlike many states with broader discovery rules for medical malpractice, Texas's discovery rule under § 74.251 is constrained. The "completion of treatment" provision can extend SOL when continuous treatment relationship makes early discovery impossible. However, the 10-year statute of repose under § 74.251(b) is a hard cap — claims must be brought within 10 years of the underlying act regardless of when the injury was discovered. The Texas Supreme Court has upheld this 10-year repose period against constitutional challenges in Methodist Healthcare System v. Rankin, 307 S.W.3d 283 (Tex. 2010).
State-by-state medical malpractice SOL — major examples
California: 3 years from injury or 1 year from discovery — whichever is shorter (Code of Civil Procedure § 340.5). Florida: 2 years from incident or discovery, 4-year statute of repose. New York: 2.5 years from negligent act (CPLR § 214-a). Illinois: 2 years from injury or discovery; 4-year statute of repose. Pennsylvania: 2 years from injury or discovery; 7-year statute of repose. Ohio: 1 year from injury or discovery; 4-year statute of repose (Ohio Rev. Code § 2305.113). Most states' base SOL falls in 2-3 year range. Discovery rule application varies widely.
Continuous treatment doctrine
Most states apply some version of the "continuous treatment doctrine" — SOL clock pauses during ongoing physician-patient treatment relationship for the same condition. This recognizes that patients shouldn't be forced to sue their treating physician mid-treatment, and that diagnostic errors are often only detectable after treatment ends. Texas applies a narrower "completion of treatment" rule under § 74.251(a)(2). New York's continuous treatment doctrine is broader. California has been increasingly narrowing the doctrine. Application depends on whether subsequent treatment was for the same condition or a separate matter.
Minor patients — extended SOL in most states
Most states extend medical malpractice SOL when the patient is a minor. Texas under § 74.251(a) provides minors under 12 until their 14th birthday to file (effective extension of 2 years past majority). California provides until the minor's 8th birthday or 3 years from injury, whichever is later, for children under 6. New York extends to 10 years from the negligent act for minors. The 10-year statute of repose in Texas under § 74.251(b) still caps minor cases at 10 years total from the underlying act, even with the extension.
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Frequently Asked Questions
How long do I have to file a medical malpractice claim in Texas?
Two years from the latest of (1) the occurrence, (2) completion of treatment, or (3) completion of hospitalization under CPRC § 74.251(a). Subject to absolute 10-year statute of repose under § 74.251(b) — claims cannot be filed more than 10 years after the underlying act regardless of when discovered.
Does Texas have a discovery rule for medical malpractice?
Limited — Texas allows the SOL to start at completion of treatment (effectively a discovery proxy in continuous-care situations), but the 10-year statute of repose under § 74.251(b) is a hard cap. Texas does not have a broad discovery rule comparable to many other states.
What's a "statute of repose" vs. a "statute of limitations"?
Statute of limitations: time period from injury/discovery within which suit must be filed. Statute of repose: absolute outer time limit from the underlying act, regardless of when discovered. Repose creates a hard deadline that cannot be extended by discovery rules. Texas medical malpractice repose is 10 years (§ 74.251(b)).
How does medical malpractice SOL differ for child patients in Texas?
Under CPRC § 74.251(a), minors under 12 have until their 14th birthday to file — effectively extending the 2-year SOL by 2 years past majority for the youngest patients. The 10-year statute of repose still applies as an absolute cap.
Can I extend medical malpractice SOL by ongoing treatment relationship?
Texas's "completion of treatment" provision under § 74.251(a)(2) can extend the SOL start date when continuous treatment relationship exists for the same condition. Other states apply broader "continuous treatment doctrines." Application depends on whether subsequent care was for the same matter or a separate condition.
References & Statutes
- Texas CPRC Chapter 74 — Medical Liability Act
- California CCP § 340.5 — Medical malpractice SOL
- Methodist Healthcare System v. Rankin, 307 S.W.3d 283 (Tex. 2010)
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