Texas Medical Malpractice Damage Cap
Track statutory limits on noneconomic damages and calculate your potential recoverable amount.
Legal Nuances & Exceptions
Applicability
Per Defendant Category
Statutory Reference
Tex. Civ. Prac. & Rem. Code § 74.301
Exceptions to Cap
- Wrongful death (Inflation-adjusted total cap)
Texas enforces a strict $250,000 noneconomic cap per physician/provider. You can recover an additional $250,000 per hospital, up to a maximum aggregate cap of $750,000 if multiple institutions are involved.
Frequently Asked Questions
What is the Texas medical malpractice damage cap?
Under Tex. Civ. Prac. & Rem. Code § 74.301, noneconomic damages are capped at $250,000 per physician or healthcare provider.
Can I recover more than $250,000 in Texas?
Yes, if multiple institutions are at fault. You can recover up to $250,000 per hospital, up to an absolute maximum aggregate cap of $750,000.
How are wrongful death damages handled in Texas?
Texas enforces an inflation-adjusted total cap (economic + noneconomic) on wrongful death medical malpractice claims, which is currently over $2.2 million.
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