Texas CPRC chapter 74, health care liability claims: pre-suit notice, the expert report and the filing deadline

The short answer

Texas Civil Practice and Remedies Code chapter 74 sets rules for a "health care liability claim", a cause of action against a physician or health care provider that the chapter defines (CPRC §74.001(a)(13)). A person asserting such a claim must give written notice by certified mail, return receipt requested, to each physician or health care provider at least 60 days before filing suit (§74.051), together with a medical authorization in the form the statute sets out (§74.052). In a health care liability claim, the claimant must serve one or more expert reports not later than the 120th day after the date each defendant's original answer is filed, or a later date required under §74.353, and the affected parties may extend the date by written agreement (§74.351). The chapter sets its own two-year limitations period and a 10-year outer limit (§74.251). An attorney can tell you how these rules apply to a specific situation.

This entry provides general informational guidance and is not legal advice.

Key facts (as of 2026-10-27)

• The chapter has its own definition. A health care liability claim is defined in §74.001(a)(13), and it covers claims that sound in tort or in contract.
• Notice 60 days before suit. Written notice by certified mail, return receipt requested, to each physician or health care provider (§74.051(a)).
• Notice and tolling. Notice given as the chapter provides tolls the applicable statute of limitations to and including a period of 75 days following the giving of the notice (§74.051(c)).
• A medical authorization goes with the notice. Without it, further proceedings against the physician or health care provider are abated until 60 days after the authorization is received (§74.052(a)).
• Expert report by the 120th day. Counted from the date each defendant's original answer is filed (§74.351(a)).
• What happens without a timely report. On the affected defendant's motion, the court must award that defendant reasonable attorney's fees and costs and dismiss the claim against that defendant with prejudice, subject to subsection (c), under which the court may grant one 30-day extension when elements of a report are found deficient (§74.351(b), (c)).
• Two years, with a 10-year outer limit. The limitations period is in §74.251(a); subsection (b) is a statute of repose.
• Recent amendments. The history lines show §74.351 last amended by Acts 2023, 88th Leg., R.S., Ch. 63 (S.B. 2171), and §74.052 by Acts 2019, 86th Leg., R.S., Ch. 115 (S.B. 1565). §§74.051 and 74.251 are unamended since they were added in 2003.

What counts as a health care liability claim?

The official text of Tex. Civ. Prac. & Rem. Code §74.001(a)(13), as published by the Texas Legislature:

(13) "Health care liability claim" means a cause of action against a health care provider or physician for treatment, lack of treatment, or other claimed departure from accepted standards of medical care, or health care, or safety or professional or administrative services directly related to health care, which proximately results in injury to or death of a claimant, whether the claimant's claim or cause of action sounds in tort or contract. The term does not include a cause of action described by Section 406.033(a) or 408.001(b), Labor Code, against an employer by an employee or the employee's surviving spouse or heir.

Source: Tex. Civ. Prac. & Rem. Code §74.001, statutes.capitol.texas.gov. Text last checked October 27, 2026.

In plain language: the definition turns on who the claim is against (a physician or a health care provider, both defined elsewhere in §74.001(a)) and what it is about (treatment, lack of treatment, or another claimed departure from accepted standards). The same section defines "health care provider" to include, among others, a registered nurse, a dentist, a pharmacist and a health care institution such as a hospital or nursing home (§74.001(a)(11), (12)). Whether a particular claim fits the definition is a legal question for an attorney.

What does the notice rule say?

The official text of §74.051:

Sec. 74.051. NOTICE. (a) Any person or his authorized agent asserting a health care liability claim shall give written notice of such claim by certified mail, return receipt requested, to each physician or health care provider against whom such claim is being made at least 60 days before the filing of a suit in any court of this state based upon a health care liability claim. The notice must be accompanied by the authorization form for release of protected health information as required under Section 74.052.

(b) In such pleadings as are subsequently filed in any court, each party shall state that it has fully complied with the provisions of this section and Section 74.052 and shall provide such evidence thereof as the judge of the court may require to determine if the provisions of this chapter have been met.

(c) Notice given as provided in this chapter shall toll the applicable statute of limitations to and including a period of 75 days following the giving of the notice, and this tolling shall apply to all parties and potential parties.

(d) All parties shall be entitled to obtain complete and unaltered copies of the patient's medical records from any other party within 45 days from the date of receipt of a written request for such records; provided, however, that the receipt of a medical authorization in the form required by Section 74.052 executed by the claimant herein shall be considered compliance by the claimant with this subsection.

(e) For the purposes of this section, and notwithstanding Chapter 159, Occupations Code, or any other law, a request for the medical records of a deceased person or a person who is incompetent shall be deemed to be valid if accompanied by an authorization in the form required by Section 74.052 signed by a parent, spouse, or adult child of the deceased or incompetent person.

Source: Tex. Civ. Prac. & Rem. Code §74.051.

In plain language:

• Who gets notice. Each physician or health care provider the claim is made against, by certified mail with a return receipt requested.
• When. At least 60 days before a suit is filed in a Texas court.
• What goes with it. The authorization form described in §74.052, covered in the next section.
• Pleadings must state compliance. Under subsection (b), each party states in later pleadings that it has fully complied with §§74.051 and 74.052.
• Tolling. Under subsection (c), notice given as the chapter provides tolls the applicable statute of limitations to and including a period of 75 days following the giving of the notice, for all parties and potential parties.
• Medical records. Under subsection (d), each party may obtain complete and unaltered copies of the patient's medical records from any other party within 45 days from the date a written request for them is received. Subsection (e) covers requests for the records of a person who has died or who is incompetent.

What does the medical authorization rule say?

The official text of §74.052(a) and (b):

Sec. 74.052. AUTHORIZATION FORM FOR RELEASE OF PROTECTED HEALTH INFORMATION. (a) Notice of a health care claim under Section 74.051 must be accompanied by a medical authorization in the form specified by this section. Failure to provide this authorization along with the notice of health care claim shall abate all further proceedings against the physician or health care provider receiving the notice until 60 days following receipt by the physician or health care provider of the required authorization.

(b) If the authorization required by this section is modified or revoked, the physician or health care provider to whom the authorization has been given shall have the option to abate all further proceedings until 60 days following receipt of a replacement authorization that must comply with the form specified by this section.

Source: Tex. Civ. Prac. & Rem. Code §74.052.

In plain language: the authorization lets the physician or health care provider who receives the notice obtain and disclose the patient's health information and billing records for the purposes the form lists. If it is missing, further proceedings against that physician or provider are paused (the statute's word is "abate") until 60 days after it arrives; if it is later modified or revoked, the physician or provider may pause proceedings until 60 days after a replacement arrives. Subsection (c) sets out the full form, word for word, and says it is to be construed in accordance with the federal "Standards for Privacy of Individually Identifiable Health Information" (45 C.F.R. Parts 160 and 164). The form is in the official text of §74.052.

What does the expert report rule say?

The official text of §74.351(a) through (c):

Sec. 74.351. EXPERT REPORT. (a) In a health care liability claim, a claimant shall, not later than the 120th day after the date each defendant's original answer is filed or a later date required under Section 74.353, serve on that party or the party's attorney one or more expert reports, with a curriculum vitae of each expert listed in the report for each physician or health care provider against whom a liability claim is asserted. The date for serving the report may be extended by written agreement of the affected parties. Each defendant physician or health care provider whose conduct is implicated in a report must file and serve any objection to the sufficiency of the report not later than the later of the 21st day after the date the report is served or the 21st day after the date the defendant's answer is filed, failing which all objections are waived.

(b) If, as to a defendant physician or health care provider, an expert report has not been served within the period specified by Subsection (a), the court, on the motion of the affected physician or health care provider, shall, subject to Subsection (c), enter an order that: (1) awards to the affected physician or health care provider reasonable attorney's fees and costs of court incurred by the physician or health care provider; and (2) dismisses the claim with respect to the physician or health care provider, with prejudice to the refiling of the claim.

(c) If an expert report has not been served within the period specified by Subsection (a) because elements of the report are found deficient, the court may grant one 30-day extension to the claimant in order to cure the deficiency. If the claimant does not receive notice of the court's ruling granting the extension until after the applicable deadline has passed, then the 30-day extension shall run from the date the plaintiff first received the notice.

The same section's standard for a challenge to a report, and its definition of an expert report:

(l) A court shall grant a motion challenging the adequacy of an expert report only if it appears to the court, after hearing, that the report does not represent an objective good faith effort to comply with the definition of an expert report in Subsection (r)(6).

[…]

(r) In this section: […] (6) "Expert report" means a written report by an expert that provides a fair summary of the expert's opinions as of the date of the report regarding applicable standards of care, the manner in which the care rendered by the physician or health care provider failed to meet the standards, and the causal relationship between that failure and the injury, harm, or damages claimed.

Source: Tex. Civ. Prac. & Rem. Code §74.351. Each "[…]" marks text not quoted here: the reserved subsections (m) through (q), and paragraphs (1) through (5) of subsection (r), which define other terms. Text last checked October 27, 2026.

In plain language:

• The 120 days are counted from each defendant's answer. The 120 days run from the date each defendant's original answer is filed, unless a later date applies under §74.353. The affected parties can extend the date in writing.
• What the report covers. A fair summary of the expert's opinions on the applicable standards of care, how the care failed to meet them, and the causal relationship between that failure and the injury, harm or damages claimed (subsection (r)(6)). Under subsection (i), separate experts may address different defendants or different issues, such as liability and causation.
• Objections have their own deadline. A defendant whose conduct is implicated must file and serve any objection to the sufficiency of the report by the later of the 21st day after the report is served or the 21st day after its answer is filed, or the objections are waived.
• If no report is served in time. On the affected defendant's motion, the court must award that defendant reasonable attorney's fees and costs of court and dismiss the claim against that defendant with prejudice to refiling, subject to subsection (c).
• One extension for a deficient report. When a report has not been served in time because elements of it are found deficient, the court may grant one 30-day extension to cure the deficiency.
• How the report is used. Subject to subsection (t), the report is not admissible in evidence, is not used in a deposition, trial or other proceeding, and is not referred to by any party during the action (subsection (k)).
• Discovery is limited until the report is served. Subsection (s) stays all discovery, except for the claimant's acquisition, through certain methods, of information related to the patient's health care, such as medical or hospital records, and subsection (u) allows the claimants, collectively, not more than two depositions after a claim is filed and before the report is served.
• Who counts as an expert. Subsection (r)(5) defines "expert" by reference to the qualification rules in §§74.401 and 74.402 and, for causation, a physician (or, for some kinds of providers, a dentist, podiatrist or chiropractor) qualified under the Texas Rules of Evidence.

What is the filing deadline?

The official text of §74.251:

Sec. 74.251. STATUTE OF LIMITATIONS ON HEALTH CARE LIABILITY CLAIMS. (a) Notwithstanding any other law and subject to Subsection (b), no health care liability claim may be commenced unless the action is filed within two years from the occurrence of the breach or tort or from the date the medical or health care treatment that is the subject of the claim or the hospitalization for which the claim is made is completed; provided that, minors under the age of 12 years shall have until their 14th birthday in which to file, or have filed on their behalf, the claim. Except as herein provided this section applies to all persons regardless of minority or other legal disability.

(b) A claimant must bring a health care liability claim not later than 10 years after the date of the act or omission that gives rise to the claim. This subsection is intended as a statute of repose so that all claims must be brought within 10 years or they are time barred.

Source: Tex. Civ. Prac. & Rem. Code §74.251.

In plain language:

• Two years, counted as the section describes. From the occurrence of the breach or tort, or from the date the treatment or hospitalization at issue is completed.
• A separate rule for young children. Minors under the age of 12 years have until their 14th birthday to file, or have filed on their behalf, the claim. This entry does not cover how courts have applied this rule.
• A different approach to disability. Except as the section itself provides, it applies "regardless of minority or other legal disability". By contrast, the general rule in §16.001, written for the limitations periods in subchapter A of chapter 16, says that if a person is under a legal disability (younger than 18 or of unsound mind) when the cause of action accrues, the time of the disability is not included in a limitations period. The general two-year personal injury rule is in the §16.003 entry.
• A 10-year outer limit. Subsection (b) is a statute of repose: a claim must be brought not later than 10 years after the act or omission that gives rise to it.
• Notice tolling. The 75-day tolling in §74.051(c) applies to "the applicable statute of limitations".

This entry quotes and explains the statute only. It does not cover how courts have applied these sections, and whether any rule or exception applies depends on the facts of a specific situation, which is a question for an attorney.

What else is in chapter 74?

Chapter 74 has other subchapters that this entry does not cover, including informed consent (subchapter C), emergency care (subchapter D), liability limits (subchapter G), qualifications of expert witnesses (subchapter I) and arbitration agreements (subchapter J). Their text is in the official text of chapter 74.

When was this checked, and can it change?

The text above was last checked on October 27, 2026, against the official text published by the Texas Legislature. The Legislature can amend a statute in any session, and courts can refine how a rule is applied. The Legislature convenes in regular session on the second Tuesday in January of each odd-numbered year (Gov't Code §301.001), so the next regular session begins on January 12, 2027. This entry is scheduled to be rechecked against the official text by April 2027 and again after the 2027 regular session ends.

Related guides

• How to choose a medical malpractice lawyer in Houston
• Texas Civil Practice and Remedies Code §16.003: the two-year personal injury filing deadline
• Medical records in injury claims
• Texas car crash law reference: all entries
• Car accident information for Houston

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