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What is the cap on a medical, surgical, or negligence malpractice lawsuit in the state of Texas?

Pawnee, TX |

i am going to hire an attorney. I just don't know how much of a settlement to ask for If I have a case..I feel as though I deserve the maximum for all the pain and suffering relating to a surgery..Thank You.

Attorney Answers 2


  1. Best answer

    I suggest you consult a Board Certified Personal Injury Trial lawyer as soon as possible. It is very difficult to answer your question, because the "caps" in Texas that you ask about can be different depending on the facts of your case. For example, if your claim is against a governmental county hospital, the "caps" are different and more restrictive. For example, governmental "caps" usually apply to all of your damages, not just your noneconomic losses. If your claim is against a physician AND a hospital or institution, the "cap" can change. If your claim is against more than one hospital or institution, the applicable "cap" can change. Also, some of your damages may be subject to a "cap" and others may not depending on the type of damage or the type of defendant. Tort Reform has made this very complicated. You can only determine these issues by sitting down with a qualified lawyer and applying the Tort Reform rules to the facts of your case. Do not delay. You could be facing Statute of Limitations and notice issues that could bar your claim.

    This answer is intended to provide general information only and not specific legal advice. This answer does not create any attorney client relationship.


  2. In a medical malpractice action filed on or after September 1, 2003, regardless of the number of causes of action asserted, non-economic damages are limited to a total of $250,000 from all doctors and other individuals. You need to rely on the advice of your attorney.

    Medical malpractice cases remain one of the most difficult types of cases to win in Texas. You need to consult with an experienced medical malpractice attorney immediately., Records will have to be obtained and an expert physician will have to be hired by your attorney to review the facts and medical records to determine whether your doctor breached the accepted "standard of care" for a physician practicing in that area of medicine in that locale. There is no easy answer here. If you want to call me I can give you names of several prominent medical malpractice attorneys to call. They do not charge for a consultation and if they accept your case it is on a percentage fee basis and if no recovery obtained, you usually don't owe them any money. Feel free to call me at 512-708-1650 or visit my website at www.kevinmadison.com and you can email me.

    If this information has been helpful, please indicate below. I hope my information is helpful to you. If you think this post was a good answer, please click the "Good Answer" button below and/or designate my answer as the "BEST ANSWER". Thanks. This is a general response to a question for basic information and is not legal advice. Legal advice can only be given when all of the facts of your situation are discussed with a lawyer, which we have not done.. If you reside outside the State of Texas please understand that the laws may be different from the laws that I may cite in a my comment. This comment is not to be construed as legal advice to your particular situation because there are many factors that influence legal counseling- this is simply a comment. Response to an email does not create an attorney-client relationship between you and the Law Offices of Kevin R. Madison, P.C., nor any of its attorneys. If you send us an e-mail, or call us, and we do not already represent you, neither your e-mail inquiry nor telephone call will create an attorney-client relationship. E-mails cannot necessarily be treated as privileged or confidential. Only entering into a written legal services contract with the Law Offices of Kevin R. Madison, P.C. will create an attorney-client relationship. There is no substitute for one-on-one legal advice and you are urged to meet with an attorney and discuss your case, personally, with an attorney in the state in which you reside or your case occurred. Thank you. Kevin R. Madison. Visit our website at www.kevinmadison.com and www.texassexualharassmentattorney.com. Kevin Madison, Austin, Texas- representing injured persons in motor vehicle collision, truck and motorcucle accidents and representing victims of sexual harassment, sexual assault, sexual abuse, physical assaults, and representing victims of sexual exploitation committed by doctors, therapists, psychologists, psychiatrists, clergy, counselors, priests, and rabbis. Visit our sexual harassment/sexual exploitation blog at http://texassexualharassmentattorney.com/blog/

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