Medical Malpractice Statute of Limitations

Question: How long do I have to file a medical malpractice claim?

Answer:

A lot of people that call with medical malpractice cases here in Texas want to know: how long do I have? You have two years, but don’t take the full two years to act. Medical malpractice cases are complex cases. They require thorough investigation. All of your medical records need to be reviewed. They need to be reviewed by an experienced malpractice lawyer that knows what they’re looking at. Then they need to be reviewed by a doctor.

I tell my prospective clients this all the time. I’m not a doctor, but I’ve spent 30 years reading medical charts. I know a thing or two. I can get an idea, but then I’ve got to have an expert say we can go ahead. That doesn’t happen overnight.

You have two years to file a claim, but you really need to act quickly because there are many cases. Many potential clients that call me and say, “I’ve got two boxes full of records, but the two years runs next week.” I can’t help those folks. I wish I could, but I can’t do the job that you’re expecting of me unless I have the time to inform myself and you of what your rights are.