Texas Civil Practice & Remedies Code § 74.251 – Medical Malpractice Filing Deadlines
Table of Contents
Statutory Text:
§ 74.251(a):
A health care liability claim must be filed no later than 2 years from:
The date of the alleged negligence, or
The end of treatment if the negligence occurred during a course of treatment.
§ 74.251(b):
Regardless of exceptions, no claim may be filed more than 10 years after the act or omission occurred — known as the statute of repose.
What Is Texas’s Medical Malpractice Statute of Limitations?
Section 74.251 imposes strict deadlines for filing lawsuits against:
Physicians
Hospitals
Nurses
Health care institutions
Most claims must be filed within 2 years from the incident (or from the end of a continuous course of treatment), and absolutely no later than 10 years, regardless of discovery or tolling.
When Does the 2-Year Period Begin?
The limitations period begins:
On the date of the alleged negligent act, or
On the last date of treatment, if the injury resulted from a course of care
What Is the 10-Year Statute of Repose?
Even if a plaintiff discovers harm later, they cannot sue more than 10 years after the event, no exceptions.
Example Scenario
A patient undergoes surgery on January 10, 2021.
She suspects malpractice but does not discover the error until 2024.
Even if the discovery rule might apply in other cases, § 74.251(b) bars the claim after January 10, 2031.
If the surgery ended in February 2021, and no discovery or tolling applies, the claim must be filed by February 2023.
Exceptions & Tolling Possibilities
Minors: If the patient is under age 12, they have until their 14th birthday to file
Fraudulent concealment: Rare exception may toll the deadline
Mental incapacity or disability: Possible tolling under § 16.001
But § 74.251(b)’s 10-year limit overrides most exceptions.
Related Statutes
§ 74.001 – Medical Malpractice Definitions
§ 74.051 – Notice Before Filing
§ 16.001 – Tolling for Disability or Minors
Texas Case Law Interpreting § 74.251
The Texas Supreme Court held that treatment-based deadlines apply when malpractice occurs during ongoing medical care—not just on a single date.
Confirmed that minors under age 12 have until age 14 to bring claims, aligning with § 74.251(a).
Frequently Asked Questions About § 74.251
Houston Personal Injury Lawyer - Joel A. Gordon
Generally, 2 years from the date of the incident or the end of treatment.
It is an absolute deadline that bars all claims more than 10 years after the negligent act—even if discovered later.
Yes. If the injured party was under age 12, they have until their 14th birthday to file.
Rarely. While some exceptions exist, § 74.251’s hard limits often override traditional discovery rules.