If my state has a 3 year statute of limitations on medical malpractice, is there anyway to extend that?

UPDATED: Jan 24, 2014

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Jan 24, 2014Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


Brook Miscoski / Hurr Law Office PC

Answered 9 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).

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption