Texas Medical Malpractice Limitations

Patients must file a claim for malpractice within ten years from the time the alleged negligence happened. They can hire a Dallas medical malpractice attorney for this. It is also necessary to file the claim for medical malpractice damages within two years of injury. These decisions were recently passed by the State Supreme Court of Texas.

Historic Judgments in Texas

These judgments were passed in the court in the following cases: Walters v. Cleveland Regional Medical Center, Shirley Kiefer, and Keith Spooner, MD; and the Methodist Healthcare System of San Antonio, W.C. Schorlemer, MD, and Robert Schorlemer, MD v. Emmalene Rankin. In both these cases, surgical sponges were left in the body of the patient after the surgery was complete and the patient was sent for rehabilitation.

In the first case, the judgment was passed in favor of the client because the case was filed before ten years had passed. But in the second case, the affected person filed the case 11 years after the surgery and so it was dismissed. The Dallas medical malpractice attorney could not help Ms. Rankin because the court held that ten years is an adequate time to file a lawsuit.

Professionals at a Dallas medical malpractice law firm point out that the Rankin case actually upholds a Texas law that came into effect in 2003 that prohibits the Dallas personal injury lawyer and the plaintiff from filing a lawsuit after ten years.

In some cases, however, the damage caused might not be discovered for a really long time. And this can be even more than ten years. A Dallas medical malpractice attorney may be able to help even in such cases as these.

RASANSKY LAW FIRM
2525 McKinnon Street
Dallas, Texas 75201
CALL US AT 877-311-4156