Legal Question in Medical Malpractice in Texas

Re: Statues for medial malpractice

You have touched on the "discovery rule," which can be reasonably considered to be a gray area in medical malpractice law, depending on the type of injury alleged. The statute of limitations in a medical practice claim, as answered previously, is two years from the date of the negligent act. The negligent act may be considered as one act or a series of acts culminating on the last day of "continuing treatment." However, the "discovery rule" may extend the two year statute. This rule comes into play when a victim had no reasonable basis to believe there was a negligent act. But even if the rule applies, you do not neccesarily get two years from the date the negligent act is discovered. Basically, you have to look at the "discovery rule" on a case by case basis to determine if you calim is still alive. Whether the discovery rule applies in your case would depend on the type of injury you received as a result of the negligence, when you discovered the injury was possibly the result of negligence, and what, if anything, had transpired during your treatment that should have indicated there was a negligent act. As such, I need more facts. You may email me at [email protected] or call me at 214 559 6173 if you would like more help on your question.

Re: Statues for medial malpractice

Pease call me at 214-520-0000.