Extend Statute of Limitations for Medical Malpractice Claims in Texas

  • by: Jennifer Seymour
  • recipient: Senator Jane Nelson, Representative Van Taylor, Texas Chief of Justice Nathan Hecht, Texas Supreme Court, Texas Attorney General/Governor Elect Greg Abbott

I have started this petition in an effort to implement much needed changes in laws regarding medical malpractice statute of limitations and settlement caps on such cases in the state of Texas.


I am a cancer survivor and during my illness I was subjected to gross negligence by my physician. However, in the state of Texas a plaintiff only is allowed two years to file a medical malpractice suit against a physician. Although two years may sound like an ample amount of time to accomplish this, for those patients who are incapacitated and focused on healing and surviving, this two year time limit can prove impossible to meet. There are many others like myself who have legitimate cases of medical malpractice who unfortunately find themselves very limited or with no options at all for holding these physicians accountable, having their story heard in a court of law or being reimbursed for physical and emotional damages incurred as a result of such negligence.

I am seeking to change the laws, or at least alter them to account for cases such as mine where a patient is physically, emotionally and mentally unable to bring a legal suit against these physicians in the allotted time frame set by the State of Texas. The inability for some patients to sue in such a strict timeframe results in many medical malpractice claims being ignored and in return many physicians continue to practice medicine without having to be held accountable for their actions or lack there of.

I am now left with deep emotional scars regarding my experience and this physician has never had to answer for his negligence and will never be held accountable for his actions and lack of proper care. These physicians should be held accountable and these patients have a right to have their case heard in a court of law even if they are sick and unable to do so in the strict two year time frame. Patients of these doctors also have a right to be made aware of these claims involving these physicians as well and if the courts and the laws are hindering the ability of these potential plaintiffs to be able to sue and have their cases heard, too often these physicians continue practicing and their current patients are being misled and pertinent information is not being disclosed.

We are asking that you seriously consider implementing much needed changes regarding our states statute of limitations and settlement caps on medical malpractice cases.  


Patients deserve to be protected not only from harm at the hands of physicians and those who have pledged to protect us, but also by the Texas legal system.  In many cases it is not always possible for an ill or recovering patient to meet the states strict statute guidelines.  The state law does not offer extenuating circumstances to these patients and as a result I believe too many cases of negligence are being ignored therefore putting more people at risk at the hands of some of these physicians.


We ask that you all take the time to hear our requests and seriously consider changes that will better protect the people of Texas.  As it is now, the laws are not protecting these victims, but rather the physicians only. We need lawmakers that will advocate for the citizens of Texas and that will hold these medical professionals accountable for their actions.  Change is despeately needed and we hope that you will support us in the quest for better protection of patients rights. The road to recovery hinges on this issue for some and the inability to close this chapter of their lives and their illness can severely affect their entire healing process and life in general.  


Warm Regards.

Sign Petition
Sign Petition
You have JavaScript disabled. Without it, our site might not function properly.

Privacy Policy

By signing, you accept Care2's Terms of Service.
You can unsub at any time here.

Having problems signing this? Let us know.