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Getting a misdiagnosis from a doctor is never something you want to receive. However, you can take legal action against the hospital in this situation.

Understanding the specific medical malpractice statutes of limitations in Texas is crucial. It is advisable to consult a knowledgeable medical malpractice attorney who could guide you through the process and ensure your filing is timely and effective.

Medical Malpractice Statue of Limitations

In the state of Texas, several statutes of limitations and laws are required for a malpractice claim to be accepted and potentially won.

There is a two-year time limit for filing any medical malpractice lawsuit. This begins immediately when the malpractice occurs. There is also a ten-year “statute of repose,” which means that if ten years have passed since the malpractice occurred, you may not file a claim in the state of Texas.

Another critical law to keep in mind is that in Texas, you must provide a notice of intent to sue and display the obtainment of an expert report within 120 days of filing the claim.

What is Considered a Medical Misdiagnosis?

Many events can be considered a medical misdiagnosis. The most common is when a doctor fails to correctly identify and treat a patient’s medical condition.

The following are other actions that can be measured as medical misdiagnosis:

• A patient’s symptoms are not recognized or realized by a doctor
• A doctor does not order crucial tests or inaccurately interpret test results
• A patient receives a diagnosis with an illness they do not have
• A doctor provides delayed, incorrect, or no treatment

For more information on medical malpractice claims, speak with a skilled personal injury attorney today.

How Can You Prove a Malpractice Claim?

You must prove, with evidence, that a doctor’s negligence directly led to your health condition or worsened the condition. This evidence could include medical records, expert testimonies, and any other documentation that supports your claim. You also may do this by providing evidence that the doctor diverged from standard medical practice.

Speak to a Lawyer About Initiating Legal Action for a Misdiagnosis and Filing a Malpractice Claim

Filing a malpractice claim can be very complex and lengthy. The process often requires much support, ranging from witness reports to substantial evidence.

An experienced medical malpractice attorney could assist with filing the claim and gathering documentation and testimonials. Seeking legal advice and representation could significantly increase your chances of receiving compensation. Call our firm today to get the guidance you need.