What Is the Statute of Limitations & 10-Year Statute of Repose for Medical Malpractice in Texas? (§ 74.251)
Direct Answer Under Texas Law
Under Texas Civil Practice and Remedies Code § 74.251(a), a Health Care Liability Claim has an absolute two (2) year statute of limitations measured from (1) the occurrence of the breach or tort, or (2) the last date of the relevant course of medical treatment or hospitalization—explicitly abolishing the common-law discovery rule (except for constitutionally protected retained foreign objects or minor tolling under Weiner v. Wasson). Additionally, § 74.251(b) imposes an absolute 10-year Statute of Repose.
Critical Texas Procedural Trap to Watch Out For
Wait—there is a 75-day statutory tolling mechanism! Under CPRC § 74.051(a) and (c), serving a formal statutory Pre-Suit Notice of Health Care Liability Claim accompanied by the mandatory § 74.052 HIPAA medical authorization form prior to the 2-year deadline tolls the statute of limitations for 75 days as to all parties and potential parties!
Recommended Action Plan for Texas Claimants
Determine the exact date of the specific negligent act (under Shah v. Moss, you must measure from the ascertainable date of the negligent act when known, not merely later follow-up visits), and serve a compliant § 74.051 notice + § 74.052 authorization well before the 2-year mark.
Detailed Texas Statutory & Case Law Breakdown
Under Tex. Civ. Prac. & Rem. Code §§ 74.051(c) (75-Day Tolling), 74.251(a)–(b) and controlling Texas appellate precedent in Shah v. Moss, 67 S.W.3d 836 (Tex. 2001); Methodist Healthcare System v. Rankin, 307 S.W.3d 283 (Tex. 2010), Texas trial and appellate courts apply strict statutory rules to this exact issue. Unlike generic multi-state legal summaries, Texas tort procedure under the Civil Practice and Remedies Code (CPRC), Insurance Code, Transportation Code, and Labor Code enforces specific statutory formulas—including the 51% proportionate responsibility bar (CPRC § 33.001), paid-or-incurred medical expense admissibility (CPRC § 41.0105 / Haygood), and mandatory statutory lien caps (Prop. Code Ch. 55 & Ins. Code Ch. 140).
Step-by-Step Texas Procedural Checklist
- Verify the exact statutory text of Tex. Civ. Prac. & Rem. Code §§ 74.051(c) (75-Day Tolling), 74.251(a)–(b) and how Texas courts apply Shah v. Moss, 67 S.W.3d 836 (Tex. 2001); Methodist Healthcare System v. Rankin, 307 S.W.3d 283 (Tex. 2010) in your county's appellate district.
- Beware of the Texas Procedural Trap: Wait—there is a 75-day statutory tolling mechanism! Under CPRC § 74.051(a) and (c), serving a formal statutory Pre-Suit Notice of Health Care Liability Claim accompanied by the mandatory § 74.052 HIPAA medical authorization form prior to the 2-year deadline tolls the statute of limitations for 75 days as to all parties and potential parties!
- Execute the Texas Action Plan: Determine the exact date of the specific negligent act (under Shah v. Moss, you must measure from the ascertainable date of the negligent act when known, not merely later follow-up visits), and serve a compliant § 74.051 notice + § 74.052 authorization well before the 2-year mark.
- Preserve all physical, electronic, and medical billing records early so your CPRC § 18.001 affidavits and TRCP 194.2 Initial Disclosures are complete.
Frequently Asked Questions Under Texas Law
What Is the Statute of Limitations & 10-Year Statute of Repose for Medical Malpractice in Texas? (§ 74.251)
Under Texas Civil Practice and Remedies Code § 74.251(a), a Health Care Liability Claim has an absolute two (2) year statute of limitations measured from (1) the occurrence of the breach or tort, or (2) the last date of the relevant course of medical treatment or hospitalization—explicitly abolishing the common-law discovery rule (except for constitutionally protected retained foreign objects or minor tolling under Weiner v. Wasson). Additionally, § 74.251(b) imposes an absolute 10-year Statute of Repose. Key Texas Trap to Avoid: Wait—there is a 75-day statutory tolling mechanism! Under CPRC § 74.051(a) and (c), serving a formal statutory Pre-Suit Notice of Health Care Liability Claim accompanied by the mandatory § 74.052 HIPAA medical authorization form prior to the 2-year deadline tolls the statute of limitations for 75 days as to all parties and potential parties!
What Texas statute and Supreme Court / appellate precedent control texas medical malpractice statute of limitations?
This question is governed in Texas by Tex. Civ. Prac. & Rem. Code §§ 74.051(c) (75-Day Tolling), 74.251(a)–(b) and the legal standards articulated in Shah v. Moss, 67 S.W.3d 836 (Tex. 2001); Methodist Healthcare System v. Rankin, 307 S.W.3d 283 (Tex. 2010). Recommended step: Determine the exact date of the specific negligent act (under Shah v. Moss, you must measure from the ascertainable date of the negligent act when known, not merely later follow-up visits), and serve a compliant § 74.051 notice + § 74.052 authorization well before the 2-year mark.
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