Texas Medical Malpractice Lawyer
Texas medical malpractice law imposes strict damage caps and pre-litigation requirements. Understanding Texas law is essential for pursuing claims in the state.
Medical Malpractice Law in Texas
Texas has comprehensive medical malpractice laws outlined in the Texas Medical Liability Act. Texas law allows damages for medical malpractice when healthcare providers deviate from accepted standards of care and cause patient injury.
Texas has relatively restrictive malpractice laws with significant damage caps and pre-litigation requirements.
Statute of Limitations
In Texas, the statute of limitations for medical malpractice is 2 years from the date of injury or discovery of injury. This is a strict deadline—failure to file within this period bars the claim.
The "discovery rule" may extend this deadline in rare cases where injury is not discovered immediately.
Pre-Litigation Requirement
Texas requires that before filing a malpractice lawsuit, the plaintiff provide written notice to the defendant healthcare provider. The defendant has 30 days to request a good faith certificate.
If requested, the plaintiff must provide an affidavit of a qualified expert before the case can proceed to discovery.
Damage Caps
Texas imposes significant damage caps. Non-economic damages are capped at $250,000 per defendant, with a maximum of $500,000 per claimant. For healthcare institutions, the cap is $500,000 per claimant.
Punitive damages are also capped. These restrictions significantly limit recovery in many cases.
How to Pursue a Claim
Texas malpractice claims require strict compliance with pre-litigation procedures. Failure to follow these requirements can result in dismissal of the case.
Contact an experienced Texas medical malpractice attorney who understands the state's procedural requirements and damage limitations.
The information on this page is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is created by reading this page or submitting a contact form.