Medical malpractice in Texas
Last checked Aug 15, 2026 · LawyerUnc editorial. Educational only, not legal advice.
Elements
1
Provider-patient relationship
The defendant undertook to treat the patient.
2
Standard of care
What a reasonably careful similar provider would have done under similar circumstances.
3
Breach
The care fell below that standard.
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.
- 10-year repose. Minors under 12 have special rules.