Does Texas Cap Medical Malpractice Damages?

Free Consultation713-781-5200

  • SuperLawyers General
  • MMDAF logo
  • Million dollar advocates badge 1 1
  • abota bdg
  • 233 2331196 top 40 under national trial lawyers top 100
  • logo av
  • whos who
AdobeStock 227416171 e1663013336139
Legally reviewed by:
Steven R. Davis and John A. Davis, Jr.
January 4, 2024

Though known the country over for its independence, Texas has a few things in common with most other states in the country; it has a cap on medical malpractice damages. Because of this, it can be challenging for victims of medical malpractice to attain the fullest compensation to which they are entitled for any injuries or harm they’ve endured due to physician negligence. For more information on the Lonestar State’s caps on damages, please continue reading, then contact an experienced Harris County, Texas medical malpractice lawyer at Davis & Davis today.

How does Texas cap damages in medical malpractice cases?

The first thing you should understand is that the cap on damages in Texas only pertains to non-economic damages, not economic damages. For example, if an individual pursues a medical malpractice claim against a physician or a single healthcare institution, they may only receive a maximum of $250,000 on non-economic damages. If a person wants to sue multiple healthcare institutions, they can only receive a maximum of $500,000 in non-economic damages.

What does Texas consider non-economic damages?

Courts award non-economic damages to compensate the plaintiff for abstract losses that stem from their injury, including:

  • Physical pain and suffering
  • Mental pain
  • Emotional anguish
  • Loss of consortium
  • Disfigurement
  • Loss of companionship and society
  • Inconvenience
  • Loss of enjoyment of life
  • Injury to the plaintiff’s reputation

As you can see, these damages are more subjective in nature (though they are still very real) than economic damages, which include things such as the cost of medical care to remedy the injury, the cost of lost wages from being unable to return to work, and other financial hardships caused by the act(s) of malpractice. Fortunately, there is no cap on economic damages a victim may receive in Texas, but regardless of your circumstances, it’s always best to proceed with a seasoned legal advocate in your corner.

Speak with a skilled member of our firm if you have any further questions.

Contact Our Team Today

If you or a loved one suffered from medical malpractice, contact the law firm of Davis & Davis today for a free consultation.

John A. Davis, Jr.

EXPERTLY REVIEWED BY

John A. Davis, Jr. and Steven R. Davis

January 4 2024

Steven R. Davis and John A. Davis, Jr. are experienced attorneys at Davis & Davis, a law firm that specializes in medical malpractice cases in Texas. With a deep commitment to justice that guides their ethical approach, Davis and Davis have dedicated their careers to helping victims of medical negligence. They and their team continue to advocate for clients, despite the challenges posed by Texas's cap on recoverable damages in malpractice lawsuits. Davis & Davis pride themselves on their extensive experience in the field and their readiness to meet clients across the United States.

✓ Fact Checked