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Medical malpractice in Texas

Last checked Aug 15, 2026 · LawyerUnc editorial. Educational only, not legal advice.

Elements

  1. 1

    Provider-patient relationship

    The defendant undertook to treat the patient.

  2. 2

    Standard of care

    What a reasonably careful similar provider would have done under similar circumstances.

  3. 3

    Breach

    The care fell below that standard.

  4. 4

    Causation and injury

    The breach more likely than not caused a compensable injury, not merely a bad outcome.

Burden of proof

Preponderance of the evidence, usually with expert testimony on the standard of care.

A Texas fact pattern

A missed compartment syndrome in San Antonio. Ch. 74 expert-report deadline (120 days after the answer) can kill a case faster than the two-year statute.

Statute of limitations

2 years

Tex. Civ. Prac. & Rem. Code § 74.251

From the occurrence or hospitalization.

Repose: 10 years.

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