If my state has a 3 year statute of limitations on medical malpractice, is there anyway to extend that?
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If my state has a 3 year statute of limitations on medical malpractice, is there anyway to extend that?
During the 3 year period, I was medically unable to sue this doctor due to my health (I was in and out of the hospital). By the time I was physically able to do it, the statute had expired.
Asked on January 24, 2014 under Malpractice Law, Texas
Answers:
Brook Miscoski / Hurr Law Office PC
Answered 10 years ago | Contributor
Under Texas law, the statute of limitations is generally speaking 2 years, not 3 years. The statute is tolled for individuals with a legal disability--youth or unsoundness of mind. For other people, who knew of the problem they want to sue over, the statute is not tolled just because it would have been difficult or inconvenient to bring the lawsuit. However, an attorney who is well-informed about your particular case might be able to make an argument that you should be allowed to bring your case--for instance, when medical treatment occurs over a period of time, it matters when the negligence actually occurred (it isn't automatically set at the beginning or at the end of the treatment).
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