The lawyer will usually have the case reviewed by an expert before deciding to proceed further. Generally speaking, Texas law gives patients two years from the date the negligent act or omission occurred to file suit. Children have longer to sue, probably until they turn 20, although the law is unclear on this. A mentally incompetent person may also have longer to sue. The law concerning deadlines to file medical malpractice cases is unclear and confusing.
Most courts strictly impose deadlines in favor of the doctor and hospital and against the patient.
It is almost always necessary to consult a lawyer to determine what the applicable deadline to sue is in a particular situation. When in doubt, assume the deadline to sue is sooner rather than later since failing to meet such a deadline can forever destroy your right to sue. There is a special 6 month deadline to give notice of your claim to government hospitals, clinics and medical schools. The deadline to file suit may be extended by 75 days by sending the required notice letter to a defendant before suit is filed. Again, it is necessary to consult a lawyer to see what deadline actually applies.