Texas Medical Malpractice Laws

There is a cap in the amount of $250,000 for noneconomic damages that apply to each claimant and to each institution, and $500,000 for all health care institutions for each claimant. For wrongful death claims against physicians, the limit for all damages is $500,000 for each claimant. The statute of limitations is two years from the incident but no more than ten years. For minors under 12, until the 14th birthday. There is modified joint and several liability (joint liability if fault is 50% or greater). There is no limitation on attorney fees. The court is required to order periodic payments for future damages awarded for medical, health care, or custodial services in excess of $100,000 if requested by any party, and may order periodic payments for other future damages in excess of $100,000 if requested by any party. Periodic payments (except those for future earnings) terminate upon the death of the claimant. The claimant is required to serve on each defendant at least one expert report that provides a fair summary of the expert’s opinions regarding the standard of care, how the defendant failed to meet the standard of care, and the causal relationship between the failure and the claimant’s injury.

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