Tex. Civ. Practice & Remedies Code Section 74.251
Statute of Limitations on Health Care Liability Claims


(a)

Notwithstanding any other law and subject to Subsection (b), no health care liability claim may be commenced unless the action is filed within two years from the occurrence of the breach or tort or from the date the medical or health care treatment that is the subject of the claim or the hospitalization for which the claim is made is completed; provided that, minors under the age of 12 years shall have until their 14th birthday in which to file, or have filed on their behalf, the claim. Except as herein provided this section applies to all persons regardless of minority or other legal disability.

(b)

A claimant must bring a health care liability claim not later than 10 years after the date of the act or omission that gives rise to the claim. This subsection is intended as a statute of repose so that all claims must be brought within 10 years or they are time barred.
Added by Acts 2003, 78th Leg., ch. 204, Sec. 10.01, eff. Sept. 1, 2003.

Source: Section 74.251 — Statute of Limitations on Health Care Liability Claims, https://statutes.­capitol.­texas.­gov/Docs/CP/htm/CP.­74.­htm#74.­251 (accessed Feb. 22, 2024).

74.001
Definitions
74.002
Conflict with Other Law and Rules of Civil Procedure
74.003
Sovereign Immunity Not Waived
74.004
Exception from Certain Laws
74.051
Notice
74.052
Authorization Form for Release of Protected Health Information
74.053
Pleadings Not to State Damage Amount
74.101
Theory of Recovery
74.102
Texas Medical Disclosure Panel
74.103
Duties of Disclosure Panel
74.104
Duty of Physician or Health Care Provider
74.105
Manner of Disclosure
74.106
Effect of Disclosure
74.107
Informed Consent for Hysterectomies
74.151
Liability for Emergency Care
74.152
Unlicensed Medical Personnel
74.153
Standard of Proof in Cases Involving Emergency Medical Care
74.154
Jury Instructions in Cases Involving Emergency Medical Care
74.155
Liability of Physicians, Health Care Providers, and First Responders During Pandemic
74.201
Application of Res Ipsa Loquitur
74.251
Statute of Limitations on Health Care Liability Claims
74.301
Limitation on Noneconomic Damages
74.302
Alternative Limitation on Noneconomic Damages
74.303
Limitation on Damages
74.351
Expert Report
74.352
Discovery Procedures
74.353
Preliminary Determination for Expert Report Requirement
74.401
Qualifications of Expert Witness in Suit Against Physician
74.402
Qualifications of Expert Witness in Suit Against Health Care Provider
74.403
Qualifications of Expert Witness on Causation in Health Care Liability Claim
74.451
Arbitration Agreements
74.501
Definitions
74.502
Scope of Subchapter
74.503
Court Order for Periodic Payments
74.504
Release
74.505
Financial Responsibility
74.506
Death of Recipient
74.507
Award of Attorney’s Fees
74.551
Application
74.552
Affirmative Defense in Certain Actions Arising from Certain Pregnancy Complications

Accessed:
Feb. 22, 2024

§ 74.251’s source at texas​.gov