§ 74.251. Statute of Limitations on Health Care Liability Claims

Codes > Texas Civil Practice and Remedies Code > Title 4 > Chapter 74. : Subchapter F. > 74.251. Statute

Sec. 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.