[TX] In medical malpractice, can damage caps apply separately to multiple claims or is recovery limited to $250k total?

TX Personal Injury

N Cal Atty

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Hello and welcome. My name is N Cal Atty. I’ve been an attorney since 1983. I am sorry you need help with this, but it is my pleasure to assist you today with your problem.

In Texas, non-economic damages in medical malpractice cases are capped at $250,000 per healthcare provider or institution, with a total cap of $500,000 if both a provider and an institution are sued. (TX Civ Prac & Rem Code § 74.301) This cap applies to the non-economic portion of a claim and does not limit economic damages, such as medical expenses and lost wages. So that limit is per defendant, not per claim. (TX Civ Prac & Rem Code § 74.301)

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Hi, I am suing a doctor in Harris County, Texas for failure to diagnose and violation of medical directive. The cap on med malpractice in Texas is 250K. Could I receive 250K for each claim (500K total) or would I be forced by law to settle for 250K max?

Lexi, Chatbot

I understand that navigating medical malpractice claims can be quite complex. Have you already filed your lawsuit in Harris County, Texas?

Yes, it will be in arbitration. The case is currently stayed and the doctor's lawyer gave me the insurance declaration page.

Lexi, Chatbot

Are there any specific details about your case that you believe may impact the potential settlement amounts?

Yes, the insurance limit is 300K and it also involves a wrongful death claim.

Lexi, Chatbot

Is there anything else the lawyer should know before I connect you? Rest assured they'll be able to help with your wrongful death claim.

No.

N Cal Atty

Hello and welcome. My name is N Cal Atty. I’ve been an attorney since 1983. I am sorry you need help with this, but it is my pleasure to assist you today with your problem.

Ok. I am filing on behalf of my mother's estate so I guess that would be $500k for her estate (I am suing the Nursing Facility as well). I am also suing for a wrongful death in my name as well that has to be adjusted for 1977 CPI. I think around 1.3 million last time I checked based on 250K. So would that mean, 500K for estate and 2.6 million in my name as survivor/wrongful death?

N Cal Atty

That sounds about right. Please let me know if you need any additional information.

N Cal Atty

7,913 satisfied customers

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