Part Ten: Chapter 74, Subchapter F: Statute of Limitations and Statute of Repose: Comprehensive Tort Reform through House Bill 4 (H.B. 4) by the Texas Legislature

This article analyzes Chapter 74, Subchapter F of the Texas Civil Practice and Remedies Code, which governs statutes of limitations and repose for health care liability claims. The authors examine the statutory deadlines applicable to medical malpractice actions, including accrual rules, tolling provisions, and the absolute bar imposed by the statute of repose. The article surveys Texas Supreme Court and appellate decisions interpreting these timing requirements and resolving conflicts over discovery, fraudulent concealment, and minority tolling. It also discusses the procedural consequences of missed deadlines and the evidentiary burdens associated with limitations defenses. The authors conclude by assessing how Subchapter F balances claimants’ access to courts against the legislature’s goal of providing certainty and finality for health care providers.