Texas — Medical Malpractice SOL
2 years
Governing statute: CPRC §74.251
The rule at a glance
- Baseline
- 2-year statute of limitations from the act or injury.
- Discovery rule
- no (hard 2yr) — Shah v. Moss.
- Statute of repose
- 10-year repose from the act. Hard cap regardless of discovery.
- Minor tolling
- under 12: until age 14
- Government-entity notice of claim
- 180-day notice required before suing a government entity.
- Statutory reference
- CPRC §74.251
Common pitfalls in Texas
Missing the SOL is the #1 malpractice claim against plaintiff attorneys. The most common Texas pitfalls:
- Assuming the discovery rule extends the deadline when this state's rule is "no (hard 2yr) — Shah v. Moss" — verify the current statute.
- Missing the separate notice-of-claim deadline for government-entity defendants (VA hospitals, county facilities, state universities).
- Miscalculating minor tolling — the rule ("under 12: until age 14") has carve-outs specific to med-mal.
- Ignoring the statute of repose cap where one exists (10yr).
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