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Medical Malpractice Attorneys in McKinney
How long do you have to file a medical malpractice claim in McKinney? Two years from the negligent act or the end of treatment, with a ten-year outer limit that applies no matter when the harm was discovered, under Tex. Civ. Prac. & Rem. Code § 74.251. What that deadline actually means for a specific injury, though, depends on details only a closer look at the case can sort out.
The specifics of any one case, though, usually end up mattering more than the general rule.
Collin County District Courts is where a medical malpractice claim from McKinney actually gets filed, whether the case traces back to Medical City McKinney or another area provider. Venue in these cases depends on where the underlying care took place, not on where the patient happens to live now.
How Long You Have to File in Texas
Under Tex. Civ. Prac. & Rem. Code § 74.251, injured patients generally have two years from the negligent act, or the end of related treatment, to bring a claim. Texas layers a second, harder deadline on top of that: a 10-year statute of repose, with no exception for injuries discovered only after that point.
What Texas Caps, and What It Doesn't
Texas limits non-economic damages by statute: Tex. Civ. Prac. & Rem. Code § 74.301 caps compensation for pain, suffering, and similar losses at $250,000 per claimant against a single provider or institution, and at $500,000 total per claimant when multiple institutions share responsibility, with no single institution answering for more than $250,000 of that total. Economic losses, such as medical bills, lost wages, and future care costs, are not subject to this ceiling.
The Notice You Have to Send Before Filing
Texas requires written notice before a medical malpractice lawsuit can be filed at all, under Tex. Civ. Prac. & Rem. Code § 74.051: certified mail, return receipt requested, sent to every physician or health care provider being pursued, along with a signed medical records authorization, at least 60 days ahead of filing. There’s a real upside to getting this step right early, too: sending it correctly extends the filing deadline by 75 days as to every party involved.
Serving the Expert Report
Texas doesn’t require an expert opinion before the case is filed. Instead, Tex. Civ. Prac. & Rem. Code § 74.351 requires the report to be served on each defendant within 120 days of that defendant’s answer to the lawsuit, and Texas courts have little tolerance for missing that deadline or submitting a report that doesn’t meet the statute’s actual requirements.
The Four Things a Claim Has to Show
Proving a Texas medical malpractice claim means establishing four separate elements: a duty owed by the provider, a breach of the accepted standard of care, a causal link between that breach and the injury, and damages that actually followed from it. The expert report requirement discussed above exists specifically to address the middle two elements, breach and causation, since a lay jury generally can’t assess whether a provider’s conduct met the accepted medical standard without expert testimony.
McKinney's Trauma Care Landscape
Medical City McKinney was the first hospital in northern Collin County to earn Level II trauma center designation. Baylor Scott & White Medical Center – McKinney became the second, earning its own Level II designation in March 2023. McKinney is unusual for now having two separate Level II trauma centers rather than one, so which facility actually treated a given injury is worth confirming.
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Frequently Asked Questions
Do I have to notify the doctor before I sue in Texas?
At least 60 days, by certified mail with return receipt requested, under Tex. Civ. Prac. & Rem. Code § 74.051, along with a signed medical records authorization. Sending it correctly also buys an extra 75 days on the filing deadline.
What happens if the expert report deadline is missed in a Texas case?
Texas lets the lawsuit come first; Tex. Civ. Prac. & Rem. Code § 74.351 then requires a qualified expert report within 120 days of each defendant’s answer, and a court can dismiss the case outright if that deadline is missed.
Is there a time limit on Texas medical malpractice claims?
Generally two years from the negligent act or the end of treatment under Tex. Civ. Prac. & Rem. Code § 74.251, and no claim survives past a hard 10-year outer limit regardless of when the harm was discovered.
Does Texas limit medical malpractice settlements?
Tex. Civ. Prac. & Rem. Code § 74.301 caps non-economic damages at $250,000 per claimant against a single provider or institution and $500,000 total against multiple institutions. Economic damages like medical bills and lost income aren’t capped.
What's the filing venue for a malpractice claim arising in McKinney?
Health care liability claims are filed in the Collin County District Courts.
Time Matters More Than It Feels Like Right Now
