What Are the Caps on Damages in Texas Medical Malpractice Claims?
Like many other states, Texas law limits the amount of compensation an individual may recover in a medical malpractice claim.
These laws tend to be controversial and are subject to criticism, especially by those victims whose cases would be worth a significant amount of money in other states without such caps. This is because even if plaintiffs are able to demonstrate the healthcare professional in question committed malpractice, they might not receive damages at a value equal to what would be expected without the cap in place.
However, the damage caps in Texas only apply to noneconomic damages. These damages could include pain and suffering, loss of consortium, loss of earning capacity, future medical costs and other types of damages that are not as easily quantifiable as compensation for medical bills and lost wages.
The damage caps for medical malpractice lawsuits in Texas are as follows:
- $250,000 per claimant for any medical malpractice cases filed against a healthcare provider or physician
- $250,000 per claimant for any medical malpractice cases filed against a single healthcare institution
- $500,000 overall per claimant for any medical malpractice cases filed against multiple healthcare institutions, with no institution being allowed to be responsible for more than $250,000 per claimant in noneconomic damages
There is no cap for economic damages in medical malpractice cases in Texas, so if you racked up a huge amount of debt for medical bills and rehabilitation as a result of the injury you suffered at the hands of your healthcare provider, you still have the potential to recoup that money.