Texas medical malpractice law
In Texas, you generally have 2 years to file a medical malpractice claim from the date of the treatment. See the damage caps and expert rules for 2026.
Sources checked
Malpractice lawyers in Texas
We're still putting together the Texas list. A free case review reaches a lawyer who serves the state in the meantime, and you'll see your likely filing deadline.
Free case reviewBe the first featured firm in Texas
When the Texas list goes up, one firm is shown first, above everyone, and labeled Featured.
1.Something went wrong
Write down dates and names while they're fresh.
2.Get your records
Ask for your full chart and test results.
3.Free case review
A lawyer looks at what happened, free.
4.Medical opinion
A doctor checks whether the care fell short.
5.Start the claim in time
Your lawyer starts the claim before the deadline.
6.Settlement or trial
Many claims settle. Some go to a judge or jury.
Your deadline: 2 years from the treatment
Texas rules at a glance
Work out your deadline- Filing deadline
- 2 years from the treatment
- Damage caps
- $250,000 per claimant against all physicians…
- Before you file
- Written notice, and an expert's sign-off
- Shared fault
- Modified comparative (51% bar)
Full Texas law guidedeadlines, caps, children, experts and sources
Example: treatment and discovery six months ago
- TreatmentMay 7, 2026
- Likely deadlineMay 7, 2028
- Outer limitMay 7, 2036
- The clock startsOn the day of the treatment
- Time to start a claim2 yearsMiss it and the claim is usually lost.
- At the very most10 yearsafter the treatment, with a few exceptions
- Pain and sufferingCapped at $250,000
- All damages togetherNo overall cap
The rules in Texas
Filing deadline
2 years
Counted from the treatment. File within 2 years of the breach, or of the date the treatment or hospitalization was completed. Texas has no general discovery rule for these claims.
Discovery rule
Does not apply
No statutory discovery rule. Texas courts allow a narrow open-courts exception where the patient had no reasonable opportunity to discover the injury.
Outer limit
10 years
All claims must be brought within 10 years of the act or omission.
Tex. Civ. Prac. & Rem. Code § 74.251(b)
Damage caps
$250,000 per claimant against all physicians and other individual providers combined; $250,000 per claimant against each health care institution, with $500,000 for all institutions together.
Texas caps non-economic damages in health care liability claims and has a separate inflation-indexed cap on total damages in death cases.
- Wrongful death
- In wrongful death and survival actions, total damages (excluding medical care costs) are capped at $500,000 per claimant, indexed to inflation since 1977 (Tex. Civ. Prac. & Rem. Code § 74.303).
Children
Different clock
A child under 12 has until the fourteenth birthday; otherwise the 2-year rule applies regardless of age.
Affidavit of merit
Required
Serve an expert report and CV for each defendant within 120 days after that defendant's answer is filed; failure leads to dismissal with prejudice and fees.
Tex. Civ. Prac. & Rem. Code § 74.351
Notice before suing
Required
Give each provider written notice by certified mail at least 60 days before filing, with the statutory medical authorization form. Notice tolls the deadline for 75 days.
Tex. Civ. Prac. & Rem. Code §§ 74.051, 74.052
Shared fault
Modified comparative (51% bar)
Modified comparative fault: barred above 50% of the fault
Experts
Expert evidence
A physician expert must be practicing medicine at the time of testimony or of the claim, and have knowledge of the accepted standards for the condition involved (Tex. Civ. Prac. & Rem. Code § 74.401).
Texas's 2003 tort reform (Chapter 74) makes these some of the most demanding claims in the country to bring.
Sources
- Texas Civil Practice and Remedies Code § 74.251, Texas Legislature
- Texas Civil Practice and Remedies Code § 74.301, Texas Legislature
- Texas Civil Practice and Remedies Code § 74.303, Public.Law (official text)
- State Enactments of Selected Medical Liability Reforms (as of 8/27/2026), Medical Professional Liability Association
- Contributory Negligence/Comparative Fault Laws in All 50 States (updated 6/10/2026), Matthiesen, Wickert & Lehrer, S.C.
- Medical Liability/Malpractice Merit Affidavits and Expert Witnesses, National Conference of State Legislatures
Other states
- Best Medical Malpractice Lawyers in Alabama (2026)
- Best Medical Malpractice Lawyers in Alaska (2026)
- Best Medical Malpractice Lawyers in Arizona (2026)
- Best Medical Malpractice Lawyers in Arkansas (2026)
- Best Medical Malpractice Lawyers in California (2026)
- Best Medical Malpractice Lawyers in Colorado (2026)
- Best Medical Malpractice Lawyers in Connecticut (2026)
- Best Medical Malpractice Lawyers in Delaware (2026)
Hurt by medical care in Texas? Let's talk it through.
Most people who reach out aren't sure yet, and that's fine. Share a few lines and a malpractice lawyer near you can look at it with you, at no cost.
- It's free, and talking to a lawyer doesn't commit you to anything.
- Where we know the local rules, you'll see your likely filing deadline right away.
- Your answers are encrypted and never sold or used for ads.
Start with one question
Free and private, never used for ads
Get the top spot in Texas
The featured spot on this page is open. Whoever takes it is the first lawyer people see when they come here looking for help.
- One featured spot per list, so you're never one of several
- Shown first and labeled Featured, for a year
- Your photo, your bio, a call button and case review requests
From $6,000a year, state or province page
Every plan and market or ask to be considered for the list itself, which is free.