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Are there caps on economic damages for medical malpractice cases in Texas?

Houston, TX |

Are there caps on economic damages for medical malpractice cases in Texas? Or are the caps only for noneconomic?

Attorney Answers 8


  1. I believe the cap is on pain and suffering.


  2. On the amount of pain and suffering.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


  3. Yes. Specifically:

    (a) In an action on a health care liability claim where final judgment is rendered against a physician or health care provider other than a health care institution, the limit of civil liability for noneconomic damages of the physician or health care provider other than a health care institution, inclusive of all persons and entities for which vicarious liability theories may apply, shall be limited to an amount not to exceed $250,000 for each claimant, regardless of the number of defendant physicians or health care providers other than a health care institution against whom the claim is asserted or the number of separate causes of action on which the claim is based.
    (b) In an action on a health care liability claim where final judgment is rendered against a single health care institution, the limit of civil liability for noneconomic damages inclusive of all persons and entities for which vicarious liability theories may apply, shall be limited to an amount not to exceed $250,000 for each claimant.
    (c) In an action on a health care liability claim where final judgment is rendered against more than one health care institution, the limit of civil liability for noneconomic damages for each health care institution, inclusive of all persons and entities for which vicarious liability theories may apply, shall be limited to an amount not to exceed $250,000 for each claimant and the limit of civil liability for noneconomic damages for all health care institutions, inclusive of all persons and entities for which vicarious liability theories may apply, shall be limited to an amount not to exceed $500,000 for each claimant.

    Tex. Civ. Prac. & Rem. Code Ann. § 74.301


  4. Yes. It's a travesty of justice. Contact your local congressman.


  5. Yes there are caps on both.

    Know YOUR Rights. Take Action Now. CALL 855-648-4695. Legal disclaimer:This message does not constitute legal advice and does not create an attorney-client relationship. Any statements are made for general informational purposes and do not constitute legal advice. Mr. Crockett is licensed in Texas in Illinois only.


  6. There are no caps on economic damages in Texas. There is a related constitutional provision among other things. It is the non-economic damages that are capped.

    This response does not create an attorney-client relationship and is provided after receipt of very limited information. For this reason it is not a substitute for a formal consultation with an attorney in your jurisdiction who has been retained and has been provided all of the relevant information. The author of the related question is strongly encouraged to obtain such a formal consultation prior to making any final decision about how or if to proceed with a legal matter. As there are time deadlines that apply to all legal actions, the question's author is encouraged to seek such consultation as soon as practicable.


  7. There are caps on NON-economic damages such as pain, anguish, disfigurement, physical impairment, loss of consortium, and the like. There are no specific caps on ECONOMIC damages, such as lost wages or medical expenses. However, there are definitely ways that economic damages can be minimized by the Texas tort reform laws. For example, a plaintiff may only recover medical expenses that were actually paid by the plaintiff or his/her insurance carrier (you may not seek to recover the total medical charges that were BILLED to you or your healthcare company...many times that number is very different). Also, economic damages involving medical expenses are often eroded by medical liens after a settlement occurs (the healthcare insurance company comes in and wants their money back from the plaintiff's recovery). Also, calculating a plaintiff's lost wages can be very challenging if the plaintiff owns their own business.

    If you find any of this frustrating, vote better next time. Texas voters ask for this every November.


  8. There are caps on non=economic damages.
    The caps do not apply to economic damages

    My answering this question does not mean that I am your attorney. This post is intended to provide some helpful insight into your particular situation, but it should not be taken as legal advice. It is recommended that you speak to an attorney in detail regarding your case. I am licensed to practice law in several states including New York, Florida and Colorado. The laws of your jurisdiction may differ. Please remember that legal proceedings involve deadlines and statutory time limiting statutes. Our firm generally offers free case evaluation. 1-800-813-5890 or 1-713-222-6464, or visit us on the web at www.rosenspearslaw.com

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