Texas Cap on Medical Malpractice Case Damages

In 2003, Texas passed legislation limiting the amount of compensation a plaintiff can receive in a medical malpractice case. This law is found at Chapter 74 of the Texas Civil Practice Remedies Code. The law caps how much a patient may receive in noneconomic damages from each defendant. The noneconomic damages cap ensures that after a patient proves that the defendant committed malpractice, and a jury makes the same finding, the actual amount of damages the patient is awarded is below a specific figure.

Damages in a Medical Malpractice Case

When a patient proves that he suffered an injury as a result of medical malpractice, he may be entitled todamages.Damagesare the monetary amount awarded to compensate the patient for injuries. They are intended to put the patient in the same position he was in before the injury. Damages take many forms, including economic damages, non-economic damages, and punitive damages. Economic damages reimburse the patient in a medical malpractice case for past and future medical care, lost wages due to missed days at work, and other financial losses attributed to the injury. Non-economic damages include payment for pain and suffering, emotional distress, and loss of enjoyment of life. Punitive damages are meant to punish a healthcare professional who commits malpractice out of maliciousness.

Cap on Non-Economic Damages

Texas’ cap on damages in medical malpractice cases only applies to non-economic damages. The law limits how much a patient may be awarded in non-economic damages as follows:

$250,000cap on non-economic damages against a physician or health care provider

$250,000cap on non-economic damages against a single health care institution

$500,000total cap on non-economic damages against multiple health care institutions

$250,000

Robert Greening is the principal attorney at Greening Law, P.C. He has dedicated his 24 years of practice to the litigation of wrongful death and serious injury cases. If you have any questions about your personal injury or medical malpractice case, contactGreening Law, P.C. at 972-934-8900