Texas has Caps on Medical Malpractice Damages in Wrongful Death or Survival Action

Austin, TX (Law Firm Newswire) February 10, 2017 – Texas has three categories of caps on medical malpractice awards.

A number of U.S. states limit damages awarded to victims of medical malpractice. Most of those states only limit what is referred to as non-economic damages, such as disfigurement, mental anguish, and pain and suffering. These non-economic damages are also considered to be subjective damages; meaning financial compensation is based on tastes, opinions or personal feelings.

The three categories of medical malpractice damages awarded in wrongful death cases, in Texas, are:

· Limits on punitive damages
· Limits on total damages
· Limits on non-economic damages

In relation to limits placed on punitive damages, Texas plaintiffs may recover damages of up to $200,000. Or they may be able to recover double the amount of economic damages added on to non-economic damages up to a cap of $750,000 or whichever is greater. Punitive damages are awarded in cases where the negligence was egregious and the extra award is intended as a penalty to punish the liable defendant.

When it comes to limitations of total damages in a wrongful death suit filed against a medical provider, each plaintiff is limited to approximately $1.8 million. The cap is not applicable in relation to necessary hospital care, custodial care or medical care received prior to a judgment or required in the future.

“With non-economic damages there are limitations on whether a defendant is a healthcare institution or a healthcare provider. For healthcare providers (such as doctors) each plaintiff is limited to a cap of $250,000. If it is a solo healthcare institution, each plaintiff is also limited to a cap of $250,000,” explained Brooks Schuelke, an Austin wrongful death attorney.

If a judgment is rendered in court against more than one named healthcare institution defendant, each plaintiff is limited to $250,000 per defendant. Additionally, in each lawsuit with multiple plaintiffs, every claimant may only recover $500,000 in total.

“In order to understand how your wrongful death lawsuit may turn out, it is best to seek experienced legal counsel to determine what your options may be and how you wish to proceed, if you are considering filing a lawsuit,” added Schuelke.

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