If my mother had heart surgery 9 years ago and the doctor committed malpractice, is it too late to sue?

UPDATED: Jan 2, 2013

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If my mother had heart surgery 9 years ago and the doctor committed malpractice, is it too late to sue?

An anestheseologist punctured her lung during her surgery and it was discovered after her lung collapsed. At the time she too weak and frightened to pursue a lawsuit even though family thought she should. As a result, she has only 40% capacity in that lung and has suffered very much. Do to mounting doctor bills and pain, she has decided to try and sue now. Does she have any chance since it has been over two years since surgery?

Asked on January 2, 2013 under Malpractice Law, Texas


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

TX has a two year statute of limitations in a medical malpractice case, which means that the lawsuit must be filed within two years of the act or omission.  Since your mother was aware of the punctured lung nine years ago, it is too late to file a lawsuit since the two year statute of limitations has expired.

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