Key Facts About Medical Malpractice Caps in Texas

Like most states in the U.S., Texas places caps (limitations) on the amount a person can receive as compensation in a medical malpractice case. These caps will impact your compensation by reducing the value of your non-economic damages. The downside is that this keeps you from getting the entire worth of your damages, even if you suffered severe injuries with lifelong impacts.

This blog will explain the key facts about Texas medical malpractice caps. We’ll also discuss why damage caps are placed on compensation for medical malpractice lawsuits and what it means for your claim.

We can also help you with your medical malpractice claim and calculate the full extent of your damages. Our initial consultations are free; during the meeting, we will answer your questions and tell you what to expect from the claims process. Call us now at (713) 973-8888 for a free and confidential consultation.

Why Hire Our Attorneys to Represent You in a Medical Malpractice Claim?

Medical malpractice claims are complex, and you will benefit from our many years of medical malpractice experience. At Terry Bryant Accident & Injury Law, our medical malpractice lawyers have spent decades handling claims arising from misdiagnosis, surgical errors, birth injuries, medication mistakes, and more. We will help you prove that the defendant did not meet the standard of care and that their negligence caused the harm you suffered.

We will conduct thorough investigations, gather medical records, interview witnesses, and analyze hospital procedures to build the strongest possible case on your behalf. We will also ensure you get fair compensation, irrespective of the caps on your non-economic damages. Contact us to learn more about how we can help you maximize compensation.

We will provide compassionate, one-on-one attention and inform you of your case’s progress every step of the way. 

Why Were Caps Placed on Medical Malpractice Damages in Texas?

Medical malpractice damages caps were introduced under the Texas Medical Liability Act (TMLA) in 2003 as part of tort reform efforts. Texas introduced damage caps to reduce the number of frivolous lawsuits, lower insurance costs for healthcare providers, and ensure doctors are not scared to practice in the state due to the threat of litigation.

Lawmakers believed that excessive lawsuits and high jury awards increased healthcare costs. They decided to limit non-economic damages like pain and suffering to discourage baseless claims and allow legitimate victims to recover compensation. By introducing damage caps, jury awards became more predictable and compensations more reasonable. Unfortunately, tort reform greatly curtailed the rights of medical malpractice victims and their loved ones, and this prevented many previously viable cases from being pursued.

Key Facts About Texas Medical Malpractice Caps

The following are the key facts about caps on Texas medical malpractice damages:

Caps Apply Only to Non-Economic Damages

Economic damages in Texas cover medical bills, lost wages, future medical expenses, property damages, and other quantifiable expenses related to the injury or harm. As a result, there is no cap on them. You can receive the full extent of your economic damages if you can prove it with evidence.

However, things are different with non-economic damages. As mentioned, the Texas Medical Liability Act placed caps on non-economic damages, which include pain and suffering, mental anguish, and loss of enjoyment of life. Under the Texas Civil Practice & Remedies Code § 74.301, the following caps apply to non-economic damages:

• $250,000 per healthcare provider or physician. The amount applies regardless of the number of doctors or other healthcare providers liable for the malpractice.
• $500,000 total cap for all healthcare providers combined per claimant.
• $250,000 per hospital (max of two hospitals, totaling $500,000).
• Maximum total for non-economic damages: $750,000 (if multiple defendants are involved).

Caps for Cases Involving Wrongful Death

If the medical malpractice led to death, and the deceased’s legal beneficiaries file a wrongful death claim, there will be a cap on all damages. The cap is a second per-claimant cap of $500,000 against the doctor or other healthcare provider involved. This cap is applied after the cap on noneconomic damages and can be adjusted due to inflation.

The overall damage cap also limits the recovery of exemplary (punitive) and some economic damages. It applies regardless of the number of doctors or other providers liable for medical malpractice. The limit on economic damages in these situations also does not apply to past or future medical, hospital, or custodial care expenses.

We understand how Texas medical malpractice caps work and will present your claim in a way that will maximize your compensation. Call us now at 1 (800) 444-5000 for a free and confidential consultation.

Caps Do Not Apply to Gross Negligence or Intentional Harm

Punitive damages may be awarded beyond the standard caps if a doctor or healthcare provider is found guilty of gross negligence, fraud, or willful misconduct.

Although caps may help limit frivolous claims, they unfortunately also limit compensation for victims of severe malpractice. The restrictions also significantly affect non-working individuals who sometimes have little or no economic damages to claim.

How to Maximize Your Compensation Despite the Cap on Malpractice Damages in Texas

You can maximize your compensation despite the cap on medical malpractice claims by doing the following:

Focusing on Economic Damages

Focus on your economic damages, like medical expenses, lost wages, loss of earning capacity, rehabilitation and therapy costs, home modifications, and long-term care. Our attorneys can help you thoroughly document your losses and ensure they are all accounted for. Also, if needed, we can work with financial experts to calculate your future costs and ensure they are included in your claim.

Proving Gross Negligence for Punitive Damages

Texas law allows punitive damages when you can prove gross negligence or willful misconduct by the healthcare provider. These damages are meant to punish egregious behavior, such as a surgeon operating under the influence of drugs or alcohol or a hospital covering up a life-threatening medical error. Since punitive damages are capped differently, it may significantly boost your compensation.

Identifying Multiple Defendants

You can increase your compensation by filing claims against multiple defendants. Possible defendants in a malpractice lawsuit are:

• The doctor or surgeon
• The hospital or medical facility
• Nurses, anesthesiologists, or other medical staff
• Medical device manufacturers (if a faulty device contributed to the harm).

Your total non-economic damages can increase to $750,000 if you have multiple negligent parties. However, remember that frivolous claims will not be entertained. So, you must have adequate evidence on how each party failed to meet the standard of care.

Document the Full Impact of Your Injury

To ensure maximum compensation, you must demonstrate the true extent of your injury with substantial evidence. You’ll need medical records, expert testimony, photos, and videos of your injury and how it affects your life, and witness statements. The more compelling the evidence you have, the more you can maximize your compensation.

We Can Help Texas Medical Malpractice Victims & Their Families

If you or a loved one has suffered due to medical malpractice, don’t deal with the complex legal process alone. Although Texas law limits non-economic damages in medical malpractice cases, we will create a strategy that will help you maximize your compensation. Our experienced medical malpractice attorneys at Terry Bryant Accident & Injury Law know how to fight against hospitals, insurance companies, and negligent medical providers to ensure you receive every dollar you’re entitled to. Call us now at (713) 973-8888 or toll-free 1 (800) 444-5000 for your free and confidential medical malpractice case review.