Legal Question in Medical Malpractice in Texas

Medical/Negligence

Recently you were nich enough to answer a question whereby I asked the statue of limitation to file suit on a medical malpractice negligent case and you advised two years. Now I have a follow-up question; If the two year statue is up November 1, 2003, is there a way to extend it? In other words, could an attorney be handling it and file after November 1, 2003? Hope my query made sense.

Thank you,


Asked on 10/20/03, 12:32 pm

1 Answer from Attorneys
Erin Corley Fibich, Hampton, Leebron & Garth, L.L.P.

Re: Medical/Negligence

The Texas Medical Liability & Insurance Improvement Act provides for an additional 75 days (tolling of the 2yr. limitations deadline) from the date of your notice of claim. For example, if you sent notice on Nov. 1, 2003, you have an additional 75 days from that date to get your suit on file. Under the facts you gave and the law on tolling, the latest date you could possibly file your lawsuit would be Nov 1, 2003 plus seventy-five days.

Read more
Answered on 10/20/03, 12:44 pm


Related Questions & Answers

More Medical Malpractice Law questions and answers in Texas