Texas Medical Malpractice Statute of Limitations: CPRC § 74.251
Reviewed and current as of August 31, 2026. Texas law can change; verify against the current statute before relying on any date.
Quick answer
No health care liability claim may be commenced unless it is filed within two years from the occurrence of the breach or tort, or from the date the medical or health care treatment that is the subject of the claim, or the hospitalization for which the claim is made, is completed.
Separately, a claimant must bring the claim not later than 10 years after the date of the act or omission — a statute of repose that bars the claim regardless of discovery.
Source: Texas Civil Practice and Remedies Code section 74.251 (as of August 31, 2026).
Three possible measuring points
Section 74.251(a) does not supply a discovery rule. It gives three fixed measuring points and requires filing within two years of the applicable one: the occurrence of the breach or tort, the date the treatment that is the subject of the claim is completed, or the date the hospitalization for which the claim is made is completed.
This is a materially harsher structure than California's section 340.5, which at least provides a one-year-from-discovery limb. A Texas claimant who does not learn of the injury within two years of the relevant measuring point may have no claim at all.
| Provision | Period | Runs from |
|---|---|---|
| Limitations — § 74.251(a) | 2 years | The breach or tort, completion of the treatment, or completion of the hospitalization |
| Repose — § 74.251(b) | 10 years | The date of the act or omission, regardless of discovery |
Provision
Limitations — § 74.251(a)
Period
2 years
Runs from
The breach or tort, completion of the treatment, or completion of the hospitalization
Provision
Repose — § 74.251(b)
Period
10 years
Runs from
The date of the act or omission, regardless of discovery
The ten-year repose
Subsection (b) states that a claimant must bring a health care liability claim not later than 10 years after the date of the act or omission, and that the subsection is intended as a statute of repose so that all claims must be brought within 10 years or they are time barred.
Repose operates on a different logic from limitations: it runs from the defendant's conduct rather than from accrual, and it can extinguish a claim before the plaintiff knows one exists. California has no equivalent outer bar in its medical malpractice statute — its three-year limb is subject to tolling for fraud, concealment, and foreign bodies. Texas's repose is not framed that way.
Key exceptions and tolling
- Minors under 12.The statute provides that minors under 12 have until their 14th birthday to file, which displaces the ordinary two-year computation for that group.
- No discovery rule in the statute.Section 74.251(a) supplies fixed measuring points rather than discovery-based accrual; do not assume delayed accrual is available.
- Repose is independent.Satisfying the two-year limitations period does not help if the ten-year repose in subsection (b) has run; both must be met.
- Chapter 74 notice requirements.Chapter 74 imposes pre-suit notice and expert report obligations that operate alongside the limitations period and carry their own deadlines.
- Governmental health care providers.Claims against public hospitals and their employees involve Tort Claims Act notice requirements that are far shorter.
Practice note: identify which of the three measuring points applies before computing anything — they can differ by months where treatment was ongoing. Then check the ten-year repose independently, since it bars claims the two-year analysis would allow. Do not import California's discovery-limb reasoning; section 74.251 has no equivalent. Confirm the current text of section 74.251 on the official Texas statutes site before relying on a date.
Frequently asked
What is the statute of limitations for medical malpractice in Texas?
Two years from the occurrence of the breach or tort, or from the date the treatment or hospitalization that is the subject of the claim was completed, under Civil Practice and Remedies Code section 74.251(a). A separate ten-year statute of repose bars all claims after that period. This is general information, not legal advice.
Does Texas have a discovery rule for medical malpractice?
Section 74.251(a) does not supply one. It sets three fixed measuring points and requires filing within two years of the applicable one, and subsection (b) adds an absolute ten-year repose. This is significantly harsher than California's one-year-from-discovery limb.
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More Texas deadlines
Personal injury (Texas)
Two years from accrual under Tex. CPRC § 16.003 — which also covers conversion and trespass.
Wrongful death (Texas)
Two years, accruing on the date of death — stated expressly in Tex. CPRC § 16.003(b).
Product liability (Texas)
Two years under § 16.003, but a 15-year repose from date of sale under § 16.012.
Sexual abuse (Texas)
Thirty years for child sexual abuse and certain trafficking; five years for other offences.
Fraud (Texas)
Four years under Tex. CPRC § 16.004 — which also covers debt and breach of fiduciary duty.
Defamation (Texas)
One year under Tex. CPRC § 16.002 — which also covers malicious prosecution.
Not legal advice. This page is general information for licensed attorneys and is not a substitute for independent legal research or professional judgment. It does not address the facts of any specific matter. Statutes, case law, and court rules change; tolling, the discovery rule, equitable estoppel, and claims involving minors, government entities, or out-of-state defendants can all change the applicable deadline. Confirm every date against the current text of Texas Civil Practice and Remedies Code section 74.251 and controlling case law. Using this page does not create an attorney-client relationship.
Statutory citations current as of August 31, 2026.