Can a medical birth injury lawsuit be filed after the statute of limitations has expired?

The answer to the question of whether a medical birth injury lawsuit can be filed after the statute of limitations has expired in Texas is generally no. The statute of limitations is a time limit that establishes how long an individual has to file a claim. In Texas, the statute of limitations for filing a medical birth injury lawsuit is two years from the date of the injury or two years from the date a person reasonably discovered or should have known about the injury. This means that any medical birth injury lawsuit that is filed after the two-year period has passed will likely not be accepted by the court. However, there are certain exemptions to the statute of limitations such as when a person is incapacitated or deemed legally unable to file the suit or when the injury was caused by a defendant with fraudulent intentions. Additionally, a minor in Texas has up to two years after the minor’s eighteenth birthday to file a medical birth injury claim. In conclusion, a medical birth injury lawsuit cannot be filed after the statute of limitations has expired in the state of Texas. Exceptions to this rule exist under certain circumstances. It is important to understand these time periods in order to ensure your claim is filed in a timely manner.

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