How Long Do You Have to Sue a Doctor After Surgery?

How long do you have to sue a doctor after surgery? That’s the million-dollar question for anyone who was harmed by a doctor’s negligence during surgery. Why? Because if you don’t file a lawsuit in time, you could potentially miss out on millions of dollars worth of compensation. 

Keep reading to find out what the time limit is for suing a doctor after surgery, and what steps you can take to prepare your claim. 

How Long Do You Have to Sue a Doctor After Surgery?

How long you have to sue a doctor after surgery depends on where you live. In the U.S., each state has different time limits, called the statute of limitations. 

A doctor botching a surgery or harming a patient can be considered medical malpractice. In general, the statute of limitations for medical malpractice ranges from 1 to 6 years. 

However, the clock usually starts ticking:

1. From the date of the surgery, or
2. When you discovered (or should have discovered) the injury.

Some states also have exceptions, like:

• Discovery Rule: If you didn’t know about the injury right away, the time limit may begin when you discover it.
• Minors: Children might have longer to file a claim.
• Fraud or concealment: If the doctor tried to hide the mistake, the deadline could be extended.

It’s important to check with a lawyer to know the specific rules in your state.

How Long Do You Have to Sue a Doctor After Surgery in Texas?

In Texas, you have two years to sue a doctor for malpractice. That’s the standard deadline. This means you have two years from the date of the surgery to file a claim. 

But what if you didn’t discover your injury until later? Luckily, Texas may still allow you to file. The two-year period may start from when you found your injury. But Texas is more restrictive about this rule than other states. 

There’s also a law called the statute of repose in Texas. This law imposes a 10-year limit from the date of surgery. After that, you can’t file a lawsuit, regardless of when you discovered the injury.
If you have questions about the deadline to file your malpractice case in Texas, you can get a free consultation from our legal team here.

Exceptions to Medical Malpractice Statute of Limitations in Texas

Medical malpractice cases are complicated. They might not fit the mold of a “cut and dry” case, where you get a surgery, and the next day discover the doctor has made a surgical error. 

For example, let’s say a surgeon left some gauze or a surgical tool inside your body, but you didn’t know about it until a few years after surgery.

Thankfully, Texas allows for some exceptions to the two-year time limit:

• Minors: Children under 12 have until their 14th birthday to file a claim, regardless of when the surgery occurred.
• Continuous treatment rule: If your doctor treats you for an injury caused during surgery, the statute of limitations doesn’t start right away. It begins only when the doctor finishes treating you. In Texas, that might give you up to six years to file a medical malpractice lawsuit. 

Involving Government Employees: If your medical malpractice claim involves a government employee, you may have less time to file. In most cases, you have to file the claim within 6 months after the injury happened.

How to Sue a Doctor After Surgery

If you believe that a doctor made a mistake during surgery and you were harmed, you might want to sue for medical malpractice. Here’s a general guide on how to sue a doctor after surgery:

First, you have to ensure there was malpractice. Not all bad surgical outcomes qualify as malpractice. You must prove the doctor was negligent. 

Medical malpractice involves:

• Violation of the standard of care: The doctor didn’t provide the level of care that a reasonably skilled doctor would have.
• Injury resulting from negligence: You were harmed directly by the doctor’s action or lack of action.
• Damages: You suffered measurable harm, such as additional medical bills, pain, or lost income.

Secondly, you should consult a medical malpractice attorney. This attorney will help determine if you have a valid claim. You may need to provide medical records and details of the surgery.

Sometimes, you can resolve the issue without a formal lawsuit. Your attorney might negotiate a settlement with the doctor’s insurance company.

If you can’t reach a settlement, your lawyer will file a lawsuit on your behalf. But how long do you have to sue a doctor after surgery? If you live in Texas, you probably have two years. 

It can take months to negotiate a settlement or win a lawsuit. So the time to pursue your lawsuit is now. Contact our award-winning lawyers now to find out if you have a case.