Sandy, you are partially right. Statutes of limitation for this type of tort vary from state to state. Check the time limits in the state in which you plan to file (your domicile). Also, check the statute of limitations for Texas (where your doctor performed the surgery). Under conflicts of law, the lesser time period will probably prevail, but depending on your lawyer, he can make a good argument for the the longer time limitation. Also, remember, the statute of limitations does not begin to toll in a med mal case until you first notice the medical problem.