Davis & Davis, Attorneys at Law
Call for a free consultation
Local 713-364-0314713-364-0314 Toll Free 877-202-0835 877-202-0835

What is the statute of limitations for medical malpractice?

When a Houston resident visits their doctor they assume they will receive the best care possible. Although there are many stories on the news of people suffering from a medical mistake, no one ever expects it to happen to them. But, if the unthinkable does happen, how long does a person have to file a medical malpractice lawsuit?

There are many serious medical mistakes that a person can suffer from unexpectedly. There are stories about someone not receiving the correct diagnosis, of newborns being seriously injured, and of unexpected injuries occurring in surgery. Just this past week, a woman in Kentucky filed a lawsuit because surgical equipment was found inside her, 20 years she underwent a caesarian section. The woman had abdominal pain and an x-ray performed in 2015 showed a scalpel and other medical equipment were in her abdomen from the caesarian section performed in 1993. Although the mistake was made over 20 years ago, the victim is still able to file a medical malpractice case.

For most personal injury cases in Texas, the statute of limitations, or the time limit to bring a personal injury lawsuit against someone, is 2 years from the date of injury. For medical malpractice cases, like the one in Kentucky where surgical equipment was left inside a patient, some injuries are not found until years later. In these cases, the discovery of harm rule is important. The discovery of harm rule is where the statute of limitations does not start until the mistake is discovered. So in the Kentucky case, the time limit may be 2 years from when the medical equipment was seen on the x-ray.

If a patient believes they have been injuries by a doctor, they may want to speak with a legal professional skilled in medical malpractice. An attorney can review the circumstances surrounding the injury and help the patient get the answers they deserve.

Source: findlaw.com, "Time limits to bring a case: The 'statute of limitations'", accessed on July 30, 2016

No Comments

Leave a comment
Comment Information
Email Us For A Response

Contact Davis & Davis for a Complimentary Consultation Davis & Davis proudly accepts referrals from Texas attorneys and law firms nationwide.

D&Ds Mobile Office

D&D's Mobile Office D&Ds Mobile Office

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Houston Office
440 Louisiana St.
Suite 1850
Houston, TX 77002

Phone: 713-364-0314
Phone: 713-364-0314
Houston Law Office Map

Corpus Christi Office
802 N. Carancahua
Suite #1400
Corpus Christi, TX 78403

Phone: 713-364-0314
Phone: 361-884-7475
Map & Directions

Dallas Office
3001 Knox Street
Suite 405
Dallas, TX 75205

Phone: 713-364-0314
Phone: 214-326-0582
Map & Directions

San Antonio Office
126 Villitas St.
San Antonio, TX 78205

Phone: 713-364-0314
Phone: 210-224-0600
Map & Directions

McAllen Office
1111 W. Nolana
McAllen, TX 78504

Phone: 713-364-0314
Phone: 713-364-0314
Map & Directions