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What's the "Statute of Repose" in TX Medical Malpractice Claims

  • When you're injured by your doctor, you'll need compensation to manage your injuries. The cost of recovering from an injury caused by a doctor compromising your health can increase exponentially. Unfortunately, that recovery can also take time, especially if you don't know that you're injured immediately.

    If you aren’t immediately aware of your injuries, you might be wondering whether it’s too late to file a medical malpractice claim. In these cases, you'll need a lawyer to help you decipher what time limits apply to your claim and what you can do to secure compensation for your medical injury.


    Statute of Repose vs. Statute of Limitations

    When you're injured, you have a general time limit that starts at the moment of the injury. In Texas, that time limit normally spans two years. For medical malpractice cases, you'll typically have two years for your claim.

    Not all medical malpractice claims are so simple, however. In some cases, you might not know immediately that you were injured by your doctor's negligence. Because your time limit could run out before that realization, there are other limits to consider, including the statute of repose.

    This statute states that you'll have ten years to act for your compensation, regardless of when you found out about your injury. So, if ten years have passed since your injury and you just found out about it, you'll be barred from filing for medical malpractice.


    Acting in Time

    What do these statutes mean for you and your case? You'll need that compensation to recover, but if you don't act in time, you could lose those important funds. Missing your deadline will mean no chance at recovering your funds, so you'll need to make sure you're acting in time.

    Although ten years might seem like plenty of time, an injury from years ago can be difficult to prove. You'll need to act now to start collecting information about your case and how your doctor was medically negligent. This can range from a birth injury to an anesthesia mistake. Unfortunately, these put your health and safety at risk, so act as soon as possible.


    Reach Out for Help

    Although you have an extended time to act, don't take the statute of repose for granted. It will take time to prepare a solid medical malpractice claim, which requires evidence, calculating the value of your claim, and additional documentation of your injuries. If you don’t act quickly, the money you need to recover could be at risk.

    You might need to enlist the help of an experienced Texas medical malpractice lawyer from Colley Firm, PC. Our firm understands how complicated it can be to determine how much time you have to file. We'll discuss when your doctor committed medical malpractice, when you discovered the injury, and what you can do about it.

    Fortunately, we also offer free consultations, so you know whether you have a chance to file before you sign anything. If you're ready for your free consultation, reach out by calling 1-877-411-2001 or by visiting our website for more information.