Medical Malpractice Lawsuit in Texas

Statute of Limitations: Texas imposes a 2-year statute of limitations on medical malpractice claims, running from the date of the negligent act or omission or from the date the plaintiff discovered (or should have discovered) the injury. An absolute 10-year statute of repose bars claims regardless of discovery. For minors under 12, the limitations period is tolled until age 12 but the 10-year repose still applies.

Non-Economic Damages Cap: Texas caps non-economic damages at $250,000 per physician (or other licensed healthcare provider) and $250,000 per healthcare institution, with a total maximum of $750,000 per claimant regardless of the number of institutional defendants. Economic damages remain uncapped. The caps apply to all health care liability claims under Tex. Civ. Prac. & Rem. Code Ch. 74.

Pre-Suit Requirements: Texas requires a plaintiff to serve an expert report and curriculum vitae on each defendant within 120 days of filing suit (Tex. Civ. Prac. & Rem. Code § 74.351). The expert must be qualified in the same field as the defendant and must opine on the applicable standard of care, breach, and causation. Failure to timely serve an adequate report results in mandatory dismissal with prejudice and fee-shifting.

Venue: Texas health care liability claims must be filed in the county where the defendant physician or health care provider's principal office is located, or in the county where the medical treatment occurred. Plaintiff's county of residence is not a proper venue for HCLC actions. Cases are heard in state district courts; no federal MDL exists for general medical malpractice.