Delayed Diagnosis in Texas? Know Your Injury Rights
TL;DR: If a Texas health care provider unreasonably delayed diagnosing your condition and that delay probably worsened your outcome, you may have a health care liability claim. Texas law imposes a 60-day pre-suit notice and medical-authorization requirement (§ 74.051), an early expert-report requirement after filing (§ 74.351), a two-year limitations period and a 10-year statute of repose (§ 74.251), and caps on noneconomic damages (§ 74.301). Texas does not recognize a standalone “loss of chance” claim; you must prove proximate cause. Consult counsel promptly.
A delayed diagnosis claim is a type of Texas health care liability claim under Chapter 74 of the Texas Civil Practice and Remedies Code. These cases focus on whether the provider met the applicable standard of care and whether any delay probably caused a worse outcome.
Texas Law: Standard of Care and Negligence
To establish liability, a patient generally must prove: (1) a duty arising from the provider–patient relationship, (2) breach of the applicable standard of care, (3) causation, and (4) damages. In most delayed-diagnosis cases, expert testimony is required to explain the standard of care for the specialty involved, any breach, and how the delay caused harm. See, e.g., Columbia Valley Healthcare Sys., L.P. v. Zamarripa and Jelinek v. Casas.
Pre-Suit Notice and Expert Report Requirements
Texas requires written notice to each defendant at least 60 days before filing suit, along with a statutory medical authorization. Providing notice tolls limitations for 75 days. See Tex. Civ. Prac. & Rem. Code § 74.051 and § 74.052. After filing, a compliant expert report for each defendant must be served within 120 days or the case risks dismissal. See § 74.351.
Deadlines Can Be Short
Most claims must be filed within two years, with a separate 10-year statute of repose that bars late-filed claims. Limited statutory and constitutional exceptions (for example, for certain minors or in cases of fraudulent concealment) may affect timing, but they are narrowly applied. See § 74.251. Because deadline analysis is highly fact-specific, consult an attorney as soon as possible.
Evidence That Can Support a Delayed Diagnosis Case
Helpful evidence can include:
- Medical records and imaging
- Laboratory and pathology reports
- Referral, follow-up, and scheduling logs
- Provider communications and patient-portal messages
- Insurance explanations of benefits and billing records
- Notes from consultations and second opinions
Internal incident or peer-review materials may be privileged under Texas law; your attorney can assess what can be requested and obtained.
Common Causes of Delayed Diagnosis
- Failure to order appropriate tests or referrals
- Misinterpretation of imaging or laboratory results
- Not following up on abnormal or pending results
- Breakdowns in referral or scheduling workflows
- Incomplete history or physical exam
- Poor communication during care transitions
Causation in Delayed Diagnosis
It is not enough to show a delay occurred; you must show the delay probably caused a worse outcome. Experts consider how the condition progresses, what treatment would have been available earlier, and changes in prognosis or required interventions. Texas does not recognize a standalone “loss of chance” theory; plaintiffs must still prove proximate cause under the more-likely-than-not standard. See Kramer v. Lewisville Mem’l Hosp. and Zamarripa.
Damages You May Recover
Potential compensation can include medical expenses, lost wages or earning capacity, and noneconomic damages (such as pain and suffering). Texas caps certain noneconomic damages in health care liability cases. See § 74.301. Availability and amounts depend on the facts and expert opinions.
Tips to Protect Your Claim
- Do not delay getting follow-up care recommended in your records.
- Avoid discussing your case on social media; screenshots can be used as evidence.
- Request records in writing and save delivery confirmations.
- Consult counsel before communicating with insurers or risk managers.
Checklist: First Steps If You Suspect Delay
- Seek immediate medical evaluation with a qualified provider.
- Request complete medical records, imaging, and lab results.
- Create a dated timeline of symptoms, visits, tests, and messages.
- Preserve patient-portal messages, emails, and voicemails.
- Identify all facilities and providers involved in your care.
- Contact a Texas medical malpractice attorney to assess deadlines and pre-suit notice.
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Frequently Asked Questions
Do I need an expert to file a delayed diagnosis case in Texas?
Yes. After filing suit, you must serve a compliant expert report within 120 days or risk dismissal.
How long do I have to file?
Many claims are subject to a two-year statute of limitations and a 10-year statute of repose, subject to narrow exceptions.
Can I recover for a lost chance of a better outcome?
Texas does not recognize a standalone loss-of-chance claim; you must prove the delay probably caused a worse outcome.
What if I do not have my records?
Your attorney can request them and work with experts to evaluate whether the standard of care was breached and whether the delay caused harm.
What damages are available?
Economic losses (medical bills, lost wages) and noneconomic damages may be available, subject to statutory caps for certain categories.
Should I speak with the provider’s insurer?
Consult an attorney first; statements can affect your claim and deadlines are strict.
Sources
- Texas Civil Practice & Remedies Code, Chapter 74 (including § 74.051, § 74.052, § 74.351, § 74.251, and § 74.301)
- Columbia Valley Healthcare Sys., L.P. v. Zamarripa, 526 S.W.3d 453 (Tex. 2017)
- Jelinek v. Casas, 328 S.W.3d 526 (Tex. 2011)
- Kramer v. Lewisville Mem’l Hosp., 858 S.W.2d 397 (Tex. 1993)
Disclaimer
This content is for general information only and is not legal advice. Reading it does not create an attorney–client relationship. Texas law changes and applies differently depending on your facts. Consult a licensed Texas attorney about your situation.