What do I need to know about the statute of repose in medical malpractice cases?

The statute of repose in medical malpractice cases is a law that limits the amount of time during which a person can bring forth a medical malpractice claim. In Texas, the statute of repose dictates that a medical malpractice lawsuit must be filed within two years of the date when the malpractice occurred, or within one year of the date when the malpractice was discovered, whichever is later. However, the statute of repose has an important exception in Texas: in cases of fraud or intentional concealment by the medical provider, the two-year limit does not apply. This means that if a person can show evidence that the medical provider acknowledged or concealed the malpractice from the patient, the patient can bring forth a claim even if the two-year limit has already expired. The statute of repose in medical malpractice cases is designed to keep legal claims from being brought forth years after the incident occurred, when the memories of those involved may be clouded and the necessary evidence may have been lost. Unless a person can demonstrate evidence of fraud or concealment, it is important to keep in mind that any medical malpractice claim must be filed within the two-year period in order to be valid. Any attempt to bring forth a claim beyond the two-year time limit may result in the claim being denied in court.

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What do I need to know about the statute of repose in medical malpractice cases?

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