Though known the country 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, including economic and noneconomic damages. In medical malpractice cases, a healthcare provider plays a crucial role, as they are often the subject of lawsuits and must meet specific legal requirements.
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 Lone Star 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. However, this cap does not apply to past or future medical, hospital, or custodial care expenses. Economic damages can include past and future lost wages and medical expenses. If a person wants to sue multiple healthcare institutions, they can only receive a maximum of $500,000 in non-economic damages. Understanding these caps is crucial when filing a medical malpractice lawsuit in Texas.
Non-economic damages in Texas malpractice cases, such as those for pain and suffering, emotional distress, and loss of enjoyment of life, are capped at $250,000 for individual healthcare providers and $500,000 for hospitals.
What does Texas consider non-economic damages?
Courts award noneconomic 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 by calling (888) 522-9444 or filling out a contact form.
