Texas medical malpractice claims are governed by a two-year statute of limitations and a ten-year statute of repose under Texas Civil Practice and Remedies Code § 74.251. Healthcare liability claims must be filed within two years of the breach or treatment completion, and no claim may be brought more than ten years after the negligent act, regardless of when an injury is discovered.
This article explains how Texas’s medical malpractice statute of limitations applies, including accrual rules, the interaction between limitations and repose, limited tolling exceptions, and recent updates. These timing rules operate alongside state-specific filing deadlines that shape medical malpractice claims nationwide.
Core Rules for the Medical Malpractice Statute of Limitations in Texas
Texas medical malpractice filing deadlines are governed by a statutory framework that combines a treatment-based statute of limitations with an absolute statute of repose. These rules operate independently of injury discovery and strictly control when healthcare liability claims may be brought.
Two-Year Statute of Limitations
Under § 74.251(a), a healthcare liability claim must be filed within two years of the applicable accrual date. The limitations period begins running from the later of:
- The occurrence of the breach or tort.
- The date the medical or health care treatment that is the subject of the claim is completed.
This framework ties accrual to treatment timelines rather than injury discovery.
Ten-Year Statute of Repose
Texas also imposes an absolute ten-year statute of repose under § 74.251(b). No medical malpractice claim may be brought more than ten years after the date of the negligent act or omission.
Key characteristics of the statute of repose include:
- It operates as a final cutoff regardless of discovery.
- It applies even when injuries are latent or undiscoverable.
- It permanently bars claims once the ten-year period expires.
The statute of repose functions independently from the two-year statute of limitations.
No General Discovery Rule
Texas medical malpractice claims do not apply the general discovery rule principles. The two-year limitations period runs from the applicable occurrence or treatment-completion date, not from when the injury is discovered.
The only recognized exception involves foreign objects negligently left inside a patient’s body. Outside that narrow circumstance, discovery does not delay accrual or extend filing deadlines.
Continuing Treatment Considerations
In limited circumstances, the continuing treatment doctrine may affect when the two-year statute of limitations begins to run. When the same physician continues treating the patient for the same condition related to the alleged negligence, limitations may run from the last date of treatment.
The continuing treatment doctrine does not extend or override the ten-year statute of repose, which remains an absolute bar.
How Texas Courts Interpret Medical Malpractice Statute of Limitations Rules
Texas courts consistently enforce medical malpractice filing deadlines as written, treating the statute of repose as an absolute cutoff and limiting the circumstances under which claims may proceed outside the two-year limitations period. Judicial interpretation focuses on when claims accrue, whether discovery principles apply, and how strictly repose deadlines constrain tolling.
Rivera v. Tenet Hospitals Ltd. — Statute of Repose Enforcement
In Rivera v. Tenet Hospitals Ltd. (Tex. 2014), the Texas Supreme Court held that the ten-year statute of repose under § 74.251 bars medical malpractice claims even when the plaintiff is a minor. The court emphasized that the repose period begins to run at the time of the negligent act or omission and cannot be extended based on age or delayed discovery of the injury.
Walters v. Cleveland Regional Medical Center — Discovery Rule Rejection
In Walters v. Cleveland Regional Medical Center (Tex. 2010), the court confirmed that general discovery rule principles do not apply to Texas medical malpractice claims. The limitations period runs from the occurrence of the breach or completion of treatment, and the statute of repose operates independently to bar claims filed more than ten years after the alleged negligence.
Robinson v. Weaver — Foreign Object Limitation
In Robinson v. Weaver (Tex. 1977), the Texas Supreme Court clarified that the foreign object exception applies only to tangible objects negligently left inside a patient’s body. The court rejected attempts to extend discovery-based timing to misdiagnosis or treatment errors, reinforcing the narrow scope of exceptions to Texas’s accrual rules.
Tolling Exceptions That Affect the Medical Malpractice Statute of Limitations in Texas
Texas applies a narrow statutory approach to tolling in medical malpractice cases. Although limited exceptions may extend the two-year statute of limitations in specific circumstances, all claims remain subject to the state’s absolute ten-year statute of repose.
1. Minority
For children injured before their twelfth birthday, Texas law permits limited tolling of the statute of limitations. In these cases, claims may be filed until the child reaches age fourteen, provided the ten-year statute of repose has not already expired.
2. Legal Incapacity
Tolling may apply when a claimant is legally incapacitated and unable to pursue a claim during the limitations period. This exception is applied restrictively and does not extend or suspend the ten-year statute of repose.
3. Fraudulent Concealment
Fraudulent concealment may toll the statute of limitations when a healthcare provider actively prevents the discovery of the claim. This exception does not apply to nondisclosure alone and does not extend filing deadlines beyond the ten-year statute of repose.
4. Foreign Objects
Claims involving foreign objects negligently left in a patient’s body may qualify for limited tolling. This exception applies only to tangible objects wrongfully retained during treatment and does not include misdiagnosis, treatment decisions, or errors in professional judgment.
5. Continuous Treatment
In limited circumstances, the continuing treatment doctrine may affect when the two-year statute of limitations begins to run. When applicable, limitations may run from the last date of treatment for the same condition. The ten-year statute of repose remains an absolute bar.
Recent Updates to Medical Malpractice Statute of Limitations Laws in Texas
Texas’s medical malpractice statute of limitations framework has remained essentially unchanged in recent years. The two-year statute of limitations and ten-year statute of repose under § 74.251 continue to govern most healthcare liability claims without modification.
Recent legislative activity has created limited, subject-specific exceptions for certain categories of claims, including those involving gender modification procedures on minors and end-of-life medical decision-making. These provisions apply narrowly and do not alter the core limitations or repose structure governing standard medical malpractice actions.
No enacted legislation has modified the general accrual rules, tolling framework, or absolute nature of the statute of repose during this period.
Meeting Medical Malpractice Filing Deadlines in Texas
The two-year statute of limitations and the ten-year statute of repose govern Texas medical malpractice filing deadlines. Claims must be filed within the applicable limitations period, but no later than ten years after the alleged act or omission, regardless of when an injury is discovered.
Because accrual depends on treatment timelines rather than discovery, accurate medical records and clearly documented courses of care are central to deadline analysis. Complete medical record retrieval and careful medical record review help establish when treatment concluded, whether continuing care affects accrual, and whether limited tolling doctrines may apply.
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