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Tex. Civ. Prac. & Rem. Code § 74.251

STATUTE OF LIMITATIONS ON HEALTH CARE LIABILITY CLAIMS

Applied in 50 court decisions — leading case University of Texas Southwestern Medical Center v. Loutzenhiser (2004)

Most recently applied in Gwendolyn Galloway, Mitchell Irwin, Clayton Irwin, Individually and as Representative of the Estate of Mary Ann Irwin v. Atrium Medical Center, L.P., Shahid Q. Mallick and Syed Zaidi (August 2018)

Added by Acts 2003, 78th Leg., ch. 204, Sec. 10.01, eff

How often courts cite this section

20042010201890
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(a) Notwithstanding any other law and subject to Subsection (b), no health care liability claim may be commenced unless the action is filed within two years from the occurrence of the breach or tort or from the date the medical or health care treatment that is the subject of the claim or the hospitalization for which the claim is made is completed; provided that, minors under the age of 12 years shall have until their 14th birthday in which to file, or have filed on their behalf, the claim. Except as herein provided this section applies to all persons regardless of minority or other legal disability.

(b) A claimant must bring a health care liability claim not later than 10 years after the date of the act or omission that gives rise to the claim. This subsection is intended as a statute of repose so that all claims must be brought within 10 years or they are time barred.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.