What is the statue of limitation for medical malpratice in Texas?

Asked over 4 years ago - Emory, TX

My wife was mis-diagnosed by a nerologists who told her her seizers were sudo-symatic and she needed to see a psychologist and about a three months later she had a major stroke caused by a blood clot that got to her brain that left her permently paralized on her left side. She was 36 years old at the time.The stroke occured three and half years ago.

Attorney answers (2)

  1. Sambar Kumar Mukerji

    Contributor Level 9

    Answered . A health care liability claim must be commenced within two years from the occurrence of the breach or tort or from the completion of treatment or hospitalization. Only if the actual date of the tort cannot be ascertained should time be measured from the last date of a course of treatment. This statute, rather than the statute of limitations for wrongful death, applies in health care liability claims for death. Time may begin to run before an injury is discovered. However, the courts have held that in certain cases (not including death cases), application of the statute is unconstitutional if it would bar a claim before the claimant has a reasonable opportunity to discover the wrong and bring suit. For cases filed on or after September 1, 2003, a new statute of repose bars any claim filed more than ten years after the act or omission giving rise to the claim.

    www.mukerjilaw.com

  2. Donald Curtis Kudler

    Contributor Level 15

    Answered . It appears that the Statute of Limitations for Texas is 2 years. Information can be found on this site: http://www.texasinjurylaw.com/medical_malpracti.... I would still speak to an attorney in your area to see if your case is still viable.

    Hope this helps.

    /s Donald Kudler
    http://www.capandkudler.com

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