Medical malpractice and the statute of limitations in Texas

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Medical malpractice and the statute of limitations in Texas

On Behalf of | Mar 17, 2021 | Medical Malpractice |

Medical malpractice has serious consequences for patients. When a medical professional is grossly negligent, it can lead to injury or even death. The legal system provides a remedy for medical malpractice in the form of civil suits. People can be awarded damages by the court when it can be proved that they were injured by medical manufacturers or doctors. However, there’s a time limit on when such a case can be filed.

Statute of limitations for medical malpractice

People have a limited amount of time to file a medical malpractice claim. The statute depends on who was involved in the case. For example, the standard is two years from the date of the incident or the end of treatment. However, for malpractice affecting minor children, the standard is different. It may be possible for them to seek damages even after their 18th birthday.

When a death occurs, it’s possible for survivors to pursue a suit. This is especially true if a minor child is a survivor. In the event that malpractice caused the death of the patient, the statute of limitations still applies to the date of the incident. It’s not the date of death as it would be for a wrongful death suit, however.

There are also some cases when the deadline for filing can be extended. For example, someone can declare their intent to file while building a case. This can provide them with over two additional months to take action.

Seeking help for a claim

If you or a loved one is the victim of medical malpractice, it’s a good idea to contact an attorney. An experienced lawyer may be able to help you pursue a case against the responsible parties.

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