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In Texas, what is the statute of limitations for minors to bring medical malpractice claims?

logorstipsThe legislature has passed a law that says everyone, including minors, must bring a medical negligence claim within two years of the date of injury.   Courts have held this statute of limitations  is unconstitutional if it cuts off a minor’s right to bring suit before the expiration of two years following their 18th birthday.  Recently, the Texas Supreme Court has granted review of a case to determine whether another Texas  law that can limits minors’ ability to bring claims for acts that occurred before their 18th birthday is constitutional.

Regardless, of the application of these laws, it is always better to act quickly when possible.  The longer you wait, the more likely it is that evidence can be lost or destroyed.  Have your claim evaluated as quickly as possible by a qualified attorney.

Posted in: Medical Malpractice FAQ