I am wondering about the statue of limitations in Texas

UPDATED: Oct 1, 2022

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I am wondering about the statue of limitations in Texas

My husband had his knee replaced 21 months ago. Due to complications caused the Bair Hugger system used to warm him after surgery that introduced infection to his knee or the hardware itself, he was put in the hospital with an infection in his entire body. That was about 2 1/2 months ago. They then removed the hardware and put in spacers with antibiotics. He was in the hospital and rehab a total of 1 1/2 months, then sent home. He would continue intravenous antibiotics every 6 hours for 6 more weeks. He also had physical therapy every other day. As of now, he is still without a knee and doesn’t have an appointment for almost 2 months. Our lives have just been turned upside down. Depression has grabbed hold of him in an incredible, dark way. He has suffered excessively. My question is in Texas I believe the statute of limitations for this type of suit is 2 years. Would that be from the time of the surgery or when he first had issues with the infection?

Asked on November 25, 2017 under Malpractice Law, Texas


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Please, please, please get to a lawyer very quickly.  While the general rule regarding the Statute of limitnation is two years from the date of the treatment, in cases involving ongoing treatment and surgeries is can get muddied up. If the complication that caused the surgery did not happen until 2 1/2 months ago you could have a little time.  But get to a alwyer asap.  Good luck.

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