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Is there a statute of limitations on filing a malpractice lawsuit?

Is there a statute of limitations on filing a malpractice lawsuit?

Q: How long do you have to sue a doctor in Texas?

In Texas, you generally have two years from the date of the alleged malpractice to file a lawsuit against a healthcare provider (Tex. Civ. Prac. & Rem. Code § 74.251). This time frame can vary based on the details of the case, so it's important to consult with an attorney to understand your specific circumstances.

Full question:

Is there a statute of limitations on filing a malpractice lawsuit? The malpractice happened in Texas and I now live in Florida. Where would I need to get a lawyer?

Category: Civil Actions
Subcategory: Medical Malpractice
Date: 04/07/2025
State: National

Answer:

The answer depends on the type of malpractice. It is possible to use an out-of-state attorney, but a local attorney may have easier access to records and witnesses, so that expenses would be reduced. I suggest talking with the different attorneys about expenses involved for conducting depositions, etc.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Can you sue a doctor after 10 years in Texas?

In Texas, the statute of limitations for filing a medical malpractice lawsuit is generally two years from the date of the incident (Tex. Civ. Prac. & Rem. Code § 74.251). However, there are some exceptions that may apply, such as cases involving minors or instances where the injury was not discovered immediately. After 10 years, it is typically too late to file a lawsuit unless specific conditions are met. Always consult a legal professional for advice on your situation.

How long do you have to sue a doctor in Texas?

Why is it hard to sue a doctor in Texas?

Suing a doctor in Texas can be challenging due to several factors. The state has specific laws that limit the amount of damages you can recover and impose strict deadlines for filing lawsuits. Additionally, Texas law requires plaintiffs to provide expert testimony to establish that the doctor deviated from the standard of care. These requirements can make the process complex and costly.

How long do you have to file a malpractice suit in Florida?

In Florida, the statute of limitations for filing a medical malpractice lawsuit is generally two years from the date you discovered or should have discovered the injury (Fla. Stat. § 95.11). However, there are exceptions that might extend this period, such as cases involving fraud or concealment. It's advisable to consult with a legal professional to ensure you meet all deadlines.