Find a medical malpractice lawyer in Austin: deadlines, hospitals and public clinics
Texas generally gives you 2 years from the treatment to sue, and written notice must go out at least 60 days first. If your care was at a CommUnityCare clinic in Austin, check first whether a federal claim applies. Complaints about doctors go to the Texas Medical Board.
Last checked November 9, 2026 · Official sources (32)
Does it matter which Austin hospital or clinic treated me?
Yes, because different owners come with different clocks. Before anything else, write down the full name of each place and each provider.
| Where you were treated | What applies | Time to watch |
|---|---|---|
| Private hospital or doctor's office | Texas health care claim rules, with notice first. | 2 years from the act or end of treatment. |
| Emergency room care | You must prove willful and wanton negligence. Dell Seton and St. David's South Austin are designated trauma centers. | Same 2 years. |
| CommUnityCare | A federally qualified health center, which can have malpractice coverage through the Federal Tort Claims Act. An administrative claim comes before suit. | 2 years to present the claim in writing. |
| Central Health or another public body | Central Health is the county's taxpayer-funded hospital district. Government notice applies. | 6 months for notice, unless the government had actual notice. |
Central Health says its system served more than 180,000 people in 2025. Many of them may not know their clinic could be treated as a federal or public provider. HRSA has a lookup tool for clinics treated as federal employees. Check it on the day you start.
What are the deadlines for a medical malpractice case in Austin?
- Send written notice to each provider at least 60 days before you sue.
- Include the required medical authorization form.
- Notice sent the right way adds a 75-day pause to the deadline.
- File suit within 2 years of the act or the end of treatment. Whatever date you discover the harm, suit must be filed within ten years.
- The expert report must be served 120 days after each defendant answers.
That expert step is where many cases end. Miss it, and the case is dismissed with no refiling, and the court awards the defendant fees and costs. It is the main reason to talk to a lawyer well before your two years are up. Not every bad result is malpractice, and an honest lawyer will tell you if yours is not.
How much can I recover for medical malpractice in Austin?
Texas limits some damages. These limits do not apply to every kind of loss, so bills and lost pay are usually figured separately.
| Limit | Amount |
|---|---|
| Pain and suffering, all doctors combined | $250,000 per claimant. |
| Pain and suffering, all institutions combined | $500,000 per claimant. |
| Death cases | $500,000 base limit on damages, adjusted by consumer price index. |
| Local government provider | $100,000 per person and $300,000 per occurrence. |
Medicare gets repaid from a settlement if it paid for your care. Ask for that number early.
How do I get my medical records in Austin?
Federal privacy rules give a provider 30 days to act on your request. Do not wait to ask, since a Texas hospital may dispose of records after 10 years.
- Ascension Seton: its form says to mail in or present your request at the site.
- St. David's South Austin: several ways to ask, including the MyHealthONE portal.
- Ask for nursing notes, medication logs, imaging and any incident report that is available.
Where do I file a complaint against an Austin doctor or hospital?
Complaints are about a license, not about money. They do not stop your lawsuit clock. The Texas Medical Board is based in Austin at 1801 Congress Avenue, Suite 9.200, and offers help filing at 1-800-201-9353.
The Board cannot investigate a facility, including a hospital or emergency department. Hospital complaints go to Texas Health and Human Services. It also cannot investigate a nurse for care within nursing practice, which goes to the Texas Board of Nursing.
Which court hears a malpractice case in Austin?
Most are filed in Travis County's civil courts. County courts at law mainly hear cases from $500 to $250,000. One local detail: when a patient has died or has a guardian, Travis County's probate courts can hear related lawsuits, and they list medical malpractice among them.
Questions
How long do I have to sue for medical malpractice in Austin?
Generally 2 years from the act or end of treatment, with a 10-year outer limit. Public and federal clinics have other rules.
Can I sue a CommUnityCare clinic?
A federal claim may need to come first. Check HRSA's lookup tool.
Does a complaint to the Medical Board help my case?
It can create a record, but it does not replace a lawsuit or stop your deadline. The Board's help line is 1-800-201-9353.
Do I really need an expert?
Yes. Without a timely expert report the case is dismissed.
Medical malpractice in Austin? See if you are owed money.
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See if I’m owed moneySources (32)
- Texas Civ. Prac. & Rem. Code 74.251, checked 2026-11-09. “no health care liability claim may be commenced unless the action is filed within two years from the occurrence of the breach or tort or from the date the medical or health care treatment that is the subject of the claim or the hospitalization for which the claim is made is completed”
- Texas Civ. Prac. & Rem. Code 74.051, checked 2026-11-09. “at least 60 days before the filing of a suit”
- CommUnityCare, Federally Qualified Health Care, checked 2026-11-09. “Have access to medical malpractice insurance through the Federal Tort Claims Act.”
- HRSA, FTCA FAQ, checked 2026-11-09. “a claimant may not file suit before presenting an administrative claim”
- Texas Medical Board, Notice Concerning Complaints, checked 2026-11-09. “1801 Congress Avenue, Suite 9.200 P.O. Box 2018 Austin, Texas 78768-2018 Assistance in filing a complaint is available by calling the following telephone number: 1-800-201-9353”
- Texas Civ. Prac. & Rem. Code 74.052, checked 2026-11-09. “Notice of a health care claim under Section 74.051 must be accompanied by a medical authorization in the form specified by this section.”
- Texas Civ. Prac. & Rem. Code 74.351, checked 2026-11-09. “not later than the 120th day after the date each defendant's original answer is filed”
- 45 CFR 164.524, checked 2026-11-09. “no later than 30 days after receipt of the request”
- Texas Civ. Prac. & Rem. Code 74.153, checked 2026-11-09. “with willful and wanton negligence”
- Texas DSHS, Texas Trauma Facilities, checked 2026-11-08. “DELL SETON MEDICAL CENTER AT THE UNIVERSITY OF TEXAS 10/1/2028 O AUSTIN 78701”
- Texas DSHS, Texas Trauma Facilities, checked 2026-11-08. “ST DAVIDS SOUTH AUSTIN MEDICAL CENTER 10/1/2028 O AUSTIN 78704”
- CommUnityCare, About, checked 2026-11-09. “In 2025, CommUnityCare served 148,234 individual patients”
- 28 U.S.C. 2401(b), checked 2026-11-09. “presented in writing to the appropriate Federal agency within two years after such claim accrues”
- Central Health, About, checked 2026-11-09. “As the county’s taxpayer-funded hospital district”
- Texas Civ. Prac. & Rem. Code 101.101, checked 2026-11-09. “not later than six months after the day that the incident giving rise to the claim occurred”
- Central Health, About, checked 2026-11-09. “In 2025, the Central Health system – which includes CommUnityCare Health Centers, and Sendero Health Plans – served more than 180,000 people.”
- HRSA FTCA Search Tool, checked 2026-11-09. “searches a listing of recipients of Health Center Program grant funding that have been deemed as PHS employees”
- Texas Civ. Prac. & Rem. Code 74.051, checked 2026-11-09. “shall toll the applicable statute of limitations to and including a period of 75 days following the giving of the notice”
- Texas Civ. Prac. & Rem. Code 74.251, checked 2026-11-09. “all claims must be brought within 10 years or they are time barred”
- Texas Civ. Prac. & Rem. Code 74.351, checked 2026-11-09. “with prejudice to the refiling of the claim”
- Texas Civ. Prac. & Rem. Code 74.301, checked 2026-11-09. “shall be limited to an amount not to exceed $250,000 for each claimant, regardless of the number of defendant physicians”
- Texas Civ. Prac. & Rem. Code 74.301, checked 2026-11-09. “shall be limited to an amount not to exceed $500,000 for each claimant”
- Texas Civ. Prac. & Rem. Code 74.303, checked 2026-11-09. “the limit of civil liability for all damages, including exemplary damages, shall be limited to an amount not to exceed $500,000 for each claimant”
- Texas Civ. Prac. & Rem. Code 101.023, checked 2026-11-09. “$100,000 for each person and $300,000 for each single occurrence for bodily injury or death”
- CMS, checked 2026-11-09. “it must be repaid to Medicare when a settlement, judgment, award, or other payment is made”
- Texas Health & Safety Code 241.103, checked 2026-11-09. “on or after the 10th anniversary of the date on which the patient who is the subject of the record was last treated in the hospital”
- Ascension Seton, Authorization for Release of Information, checked 2026-11-08. “Mail in or present your request in person at the applicable site location(s).”
- St. David's South Austin, Medical Records, checked 2026-11-08. “We offer several ways to request your medical records”
- Texas Medical Board, Complaint About Licensee, checked 2026-11-09. “TMB does not have the authority to investigate a facility, including a hospital or emergency department.”
- Texas Medical Board, Complaint About Licensee, checked 2026-11-09. “TMB does not have the authority to investigate a nurse for care provided within the scope of the practice of nursing.”
- Travis County Clerk, Civil, checked 2026-11-08. “between $500.00 and $250,000.00”
- Travis County, Probate Courts, checked 2026-11-09. “These ancillary cases cover a wide range of topics, from products liability to fiduciary litigation to medical malpractice to family law.”