Medical Malpractice In Texas

Texas Liability Limits

The limit on non-economic damages for medical malpractice cases varies based on whether the defendant is a health care provider, including a physician, or a health care institution. If final judgment is rendered against a health care provider, a $ 250,000 per claimant cap applies to non-economic damages, regardless of the number of defendant providers (Tex. Civ. Prac. & Rem. Code Ann. § 74. 301(a)). The cap is not indexed for inflation.

If final judgment is against a single health care institution, a $ 250,000 per claimant cap applies to non-economic damages. If the judgment is against more than one institution, a $ 250,000 per claimant cap applies to non-economic damages per defendant. Total non-economic damages awarded are further capped at $ 500,000 per claimant (Tex. Civ. Prac. & Rem. Code Ann. § 74. 301(b) & (c)). The caps are not indexed for inflation.

In a medical malpractice wrongful death or survival claim, if final judgment is rendered against a health care provider, a $ 500,000 per claimant cap applies to all damages, regardless of the number of defendant providers. This cap is indexed for inflation. It does not apply to necessary medical, hospital, or custodial care received before judgment or required in the future (Tex. Civ. Prac. & Rem. Code Ann. § 74. 303(a), (b), & (c)).

A wrongful death claim is a statutory cause of action that may be brought on behalf of a surviving spouse, children, and parents of the deceased to compensate them for the losses sustained as a result of the wrongful death of their family member (Tex. Civ. Prac. & Rem. Code Ann. § 71. 002). A survival claim is a statutory cause of action brought to recover damages sustained by the decedent for personal injury. The claim survives death in favor of the heirs, legal representatives, and estate of the injured person. The claim also survives the death of the person liable for the injury (Tex. Civ. Prac. & Rem. Code Ann. § 71. 021).

The liability of any insurer under the common law theory of recovery is limited to the liability of the insured (Tex. Civ. Prac. & Rem. Code Ann. § 74. 303(d)).