Q: What proof does one bring if the statue of limitations is past in TX for medical negligence
A: In order to defeat a contention that a medical negligence claim is barred by the statute of limitations, the plaintiff must offer evidence to support a matter in avoidance of the statute. For example, if the plaintiff contends that he was under 12 years of age when the treatment or care was rendered, he would have to offer evidence of his date of birth and of the dates when the treatment or care was rendered. If the plaintiff contends the equitable doctrine of fraudulent concealment suspended the period of limitations, he must offer evidence that the defendant knew the plaintiff was in fact wronged and concealed that fact to deceive the plaintiff, for example by deliberately altering the plaintiff's records.
Tim Akpinar agrees with this answer
A: You could reach out to local firms to discuss and review the file to see if they identify any basis that allows additional time. But they are difficult situations in general. Most firms are reluctant to consider such cases. Good luck
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