What is the Statute of Limitations on Suing a Hospital in Texas?
A patient at a hospital expects that they will be treated with care by doctors and other medical practitioners. However, there are many cases where a patient could be injured due to the actions of a hospital employee. When this happens, a victim should promptly pursue their ability to seek a lawsuit against the hospital before the statute of limitations expires. If you or a family member was injured due to the actions of a negligent hospital, you should consult with an experienced Arlington emergency room and hospital mistake attorney as soon as possible. The Queenan Law Firm, P.C., could help you timely file your medical malpractice lawsuit against a hospital responsible for your injuries. Our firm is here to discuss the statute of limitations for filing suit against a hospital in Texas.
Statute of Limitations for Hospital Lawsuits in Texas
After being injured due to the negligence of a hospital, a patient may consider filing a lawsuit against the hospital to recover damages for their injuries. However, some potential plaintiffs may forget or may not be aware that their lawsuit is subject to a filing deadline due to the statute of limitations.
The statute of limitations places a time limit on how long a potential plaintiff has to file a particular type of lawsuit. The filing deadline put in place by the statute of limitations is subject to state laws and could vary depending on the type of lawsuit that a victim wishes to file. For example, a case regarding a breach of contract claim may have a different filing deadline than a medical malpractice lawsuit.
In Texas, a victim of medical malpractice has two years from the date of their injury to file a lawsuit against the hospital that is responsible for their accident – whether it be a surgical mistake or hospital infection in Arlington, TX or elsewhere in Texas. This typically means that the deadline begins on the date that a medical practitioner breached their standard of care. However, if the exact date of the breach cannot be determined, the filing deadline could begin from the date that a long-term treatment plan ends.
Additionally, if your child was a victim of medical malpractice while they were under the age of 12, a parent or guardian has until the child’s 14th birthday to file a lawsuit on their behalf.
If you are unsure about when the statute of limitations began for your potential lawsuit against your hospital, it would be wise to consult with an experienced Arlington, TX medical malpractice attorney. When a plaintiff fails to file their lawsuit before the filing deadline expires, their case could be dismissed with prejudice. This means upon a motion by a defendant or by the court’s own authority, the plaintiff’s case could be permanently barred.
When a plaintiff’s lawsuit is permanently barred, they will be left without any other options to seek compensation for their injuries. This could be highly troublesome for a victim that was hoping to recover damages that would be used to reimburse them for their injuries and other expenses.
Benefits of the Statute of Limitations for Suing a Hospital in Texas
While the statute of limitations could seem overly restrictive for a victim of an accident, there are a number of benefits that this law provides for plaintiffs and defendants. Filing a lawsuit within two years could seem unfair as you are likely recovering from your injuries and adjusting to your new life after a severe medical malpractice incident. However, a plaintiff has a few reasons to pursue their case as soon as possible.
One reason why a victim of a hospital mistake should file their case early is to ensure that evidence needed to prove their case is readily available. For example, if a victim could have trouble locating important documents if they wait nearly two years to file their case. Additionally, testimony from witnesses could become questionable if the plaintiff waits too long to file their case.
A potential plaintiff should also be aware that a Houston medical malpractice lawyer could be wary of accepting the case if the filing deadline is quickly approaching. As a result, a victim should weigh their legal options soon after their hospital mistake injury.
For a potential defendant, the statute of limitations will provide you with a timeframe in which the defendant could expect to be sued. Without the statute of limitations, a defendant could be concerned about a lawsuit that may be filed several years in the future.
There are many other reasons why a plaintiff should consider filing their lawsuit long before the statute of limitations deadline. The Queenan Law Firm, P.C., is prepared to help you seek the compensation that you deserve for your hospital malpractice claim.
Work with an Experienced Arlington, TX Lawyer to Sue a Hospital Before the Statute of Limitations Deadline
If you or a family member was injured due to the actions of a hospital employee in Texas, you should work with an experienced Dallas, TX medical malpractice lawyer today. At The Queenan Law Firm, P.C., our skilled legal team possesses several years of experience litigating a variety of hospital negligence claims, and we would be pleased to represent you. We know that the statute of limitations deadline could worry a potential plaintiff, and we are here to alleviate your concerns. To schedule a free legal consultation to discuss the details of your case, contact The Queenan Law Firm, P.C., at (817) 476-1797. You could also contact the firm online to schedule your free case review.