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Can the insurance company in a Texas Medical Malpractice case make payments instead of paying cash?

Posted by attorney James Girards

In general, if you file a medical malpractice case in Texas, there are some circumstances in which the insurance company can force you to accept future periodic payments instead of paying up front in cash.

In medical malpractice cases filed on or after September 1, 2003, if the future damages found by the jury are at least $100,000, the court must order periodic payment of all or a portion of the future medical costs if any party requests it, and may order periodic payment of other future damages on request as well.

Future payments may be funded by an annuity contract.

Payments for future loss of earnings will continue after the patient's death, but other payments will terminate.

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This Legal Guide is not intended to be a substitute for legal advice or consultation. Instead, it is intended to provide a general background of the issues presented. One should always obtain a formal consultation with an appropriately Board Certified attorney before making any decision regarding one's legal rights.

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