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

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

Austin Personal Injury Lawyers

Austin Personal Injury Lawyers - Perlmutter & Schuelke, PLLC

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.

Schuelke Law PLLC
3011 N. Lamar Blvd
Ste. 200
Austin, TX 78705
Call (512) 476-4944


View Larger Map

  • Dog Attack Cases: Pit Bull Attacks Woman On Subway
    Startling video is making its way around the popular news stories of a pit bull attacking a woman on a New York subway.   I can’t know what happened here, but I do think it’s good that the video has helped raise awareness of the issues of dog attacks. We’ve been able to represent and help [...]
  • Uber Self-Driving Car Fatality – A Follow Up
    Last week, I had a post outlining the potential legal claims arising from the Uber self-driving car fatality in Arizona. I wanted to update it, because there have been several new articles that have come out that back up my analysis about those who might have potential responsibility. First, I noted that a potential defendant [...]
  • Uber Self-Driving Car Death — A Potential Law School Exam Question
    By now, you’ve probably heard about the death that resulted from a car wreck involving an Uber self-driving car.  The tragic facts surrounding the wreck would make a great law school exam question. What do I mean by that?  In law school, exam questions were designed to present as many complicating issues in a case [...]

See other news sources publishing this article. BETA | Tags: , , , , ,



Get headlines from Law Firm Newswire sent right to your inbox.

* indicates required