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Why is there a cap on damages for medical negligence in Texas?
I live in Texas and my doctor botched an operation that I had to have a replacement hip put in. Now I can’t walk. I want to sue him, but I understand there is a cap on damages. Why is there a cap on damages for medical negligence in Texas?
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In 2003, Texas placed caps on medical malpractice lawsuits for non-economic damages in a bill found at Tex. Civ. Prac. & Rem. Code ch. 74. This bill, informally called the health care liability claims act, imposed a damage cap of $250,000 for non-economic damages for injury, and $500,000 for all damages in wrongful death. The reason for these changes was to lower the rising cost of medical malpractice insurance, in order to provide overall lower healthcare costs. While it may seem frustrating to a patient who has suffered an injury, the Texas legislature believed the public policy behind such a decision was sound. You can, however, still recover damages up to these caps, as well as actual damages you incurred, so you may want to speak to a lawyer about filing a lawsuit to find out what your options are and what your potential recovery is for your doctor’s malpractice.
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Posted by Christy Rakoczy on 23 Mar 2010
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