Statue of limitations in texas, concerning medical malpractice.?

I know that in texas the statue of limitations concerning medical malpractice is 2 years. this is what im unsure of.

August 4th, 2007. My father passed away. I believe his passing was a direct was in direct line with the negligence of his medical practitioner.

The act of negligence took place on July 30th, 2007.

Do i have until August 4th, 2009 pursue a lawsuit or must it be pursued by July 30th, 2009?

I know this is a little abstract to ask since the time frame is so close, but due to current circumstances time is everything.

I will really appreciate help on this.

Thanks,
Mike.

James
It would be from the time the act of negligence took place. "Only if the actual date of the tort cannot be ascertained should time be measured from the last date of a course of treatment."

sophieb
I don't know what the statute of limitations on medical mal is here in Florida but I know that you can call either an attorney or check with the law library and ask someone to verify the state statute.

Here if your father passed August 4, 2007 and if the statute here was 2 years then it MUST be brought into the court by filing a document prior to August 3, 2009. The problem with that is your attorney must have reviewed the case and knows there is a good case for medical mal before he files that initial document. Sometimes it takes some research, sometimes they do a mock jury to see what's involved and what questions people would ask and all before they take the case. So the attorney needs all the time they can get to test out the case and work on the case to have the proof. I don't know how long the attorney would have fron the time of the initial document wherein they commit to you and the court that they are your attorney and are bringing this suit to the time when they have to file other documents, set a jury trial or whatever is necessary.

I knew of an attorney once who took a medical mal case then went on vacation and bypassed the date of filing and the family lost out. The attorney tried to bring it to court but was halted. They tried to go to another attorney and that was blocked too.....so you're right, timing is everything so you need to get to that attorney like yesterday.

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