If I am still under the doctors care, what date will apply for filing a medical malpractice claim?

I understand the statute of limitations in my state is 2 years. It has been 14 months but I am still under the doctors care. What date will apply?

Asked on September 7, 2010 under Malpractice Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Medical malpractice claims, as a general matter, run from when the malpractice was committed--e.g. from the missed diagnosis, bad surgery, wrong prescription, mistaken test results, etc. Note however that if you are *still* going to a doctor whom you believe committed malpractice against you, you are badly undercutting your case--the doctor's attorney will put you on the stand and ask why, if you think the doctor injured you and practiced medicine so badly as to  be malpractice, did  you keep going to him (or her). If you believe you may have a malpractice case, consult with an attorney immediately and make sure to ask if, under these circumstances, your case is credible; and if it still is, whether you should switch doctors.


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