Travis County District Courts
1000 Guadalupe St, Austin, TX 78701
Court websiteTexas · Medical malpractice claims: harm and next steps
Medical malpractice claims: harm and next steps in Texas
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| Filing deadline | 2 years from act; 10-year repose; 60-day notice; expert report within 120 days of answerRem. Code § 74.251 |
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Deadlines vary with the facts of each case. A lawyer can confirm yours.
Updated
01 · Your filing deadline
What is the deadline in Texas?
Tex. Civ. Prac. & Rem. Code § 74.251: 2-year SOL from the breach or tort or from completion of the treatment or hospitalization; no statutory discovery rule; 10-year repose. 60-day Notice of Intent required. Expert report required within 120 days of answer. A lawyer can confirm yours.
2 years from act; 10-year repose; 60-day notice; expert report within 120 days of answer
Minors under 12: until their 14th birthday to file.
Source: Rem. Code § 74.251
Deadlines vary; a lawyer can confirm yours. An older diagnosis or a past filing window does not, by itself, establish whether you have a claim.
02 · Where cases are heard
Where would my case be heard?
Statute of Limitations: Texas imposes a 2-year statute of limitations on medical malpractice claims, running from the date of the breach or tort or from the date the treatment or hospitalization at issue is completed (Tex. Civ. Prac. & Rem. Code § 74.251(a)); the statute contains no discovery rule. An absolute 10-year statute of repose bars claims regardless of discovery. For minors under 12, the claim may be filed until the 14th birthday, but the 10-year repose still applies.
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 after that defendant's original answer is filed (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.
Dallas County District Courts
600 Commerce St, Dallas, TX 75202
Court websiteEl Paso County District Courts
500 E San Antonio Ave, El Paso, TX 79901
Court websiteTarrant County District Courts
401 W Belknap St, Fort Worth, TX 76196
Court websiteHarris County Civil District Courts
201 Caroline St, Houston, TX 77002
Court websiteU.S. District Court — Southern District of Texas (Houston)
515 Rusk Ave, Houston, TX 77002
Court websiteBexar County District Courts
100 Dolorosa St, San Antonio, TX 78205
Court websiteMedical facilities in Texas
Memorial Hermann — Texas Medical Center — Level I Trauma Center
UT Southwestern Medical Center — Clements University Hospital
University Health / University Hospital San Antonio — Level I Trauma
How this works nationally
For the overall process and updates, read the Medical malpractice claims: harm and next steps overview. This page covers the local information available for Texas.
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- Rem. Code § 74.251