MEDICAL MALPRACTICE

Texas Medical Malpractice Laws

Medical malpractice, sometimes referred to as medical negligence, occurs when a health care provider violates the governing standard of care when providing treatment to a patient, causing the patient to suffer an injury. Medical malpractice can result from an action taken by the medical practitioner, or by the failure to take a medically appropriate action.

Limits on malpractice damages

• Texas limits noneconomic damages for all doctors and health care practitioners to $250,000.00.
• Total liability for any one health care facility may not exceed $250,000.00.
• Total liability for all defendant health care facilities may not exceed $500,000.00.
• Effective overall damages cap of $750,000.00.

Collateral Source Rule
Under the collateral source rule, a defendant may not seek to reduce its liability by introducing evidence that the plaintiff has received compensation from other sources, such as the plaintiff's own insurance coverage.

Rules for Expert Witnesses
A medical expert witness must be a licensed physician who is practicing medicine and/or has knowledge of the standards of practice relevant to the claims against the defendant.

Joint and several liability
Under a traditional rule of joint and several liability, where more than one defendant is found liable for the injury suffered by a plaintiff, each defendant is individually liable for the entire amount of the judgment, such that if one defendant is unable to pay the other defendant or defendants are liable for the entire amount of the judgment. Texas has abolished joint liability for defendants found to be less than 51% at fault for the plaintiff's injury.

Statute of Limitations
Medical malpractice actions must be commenced within two years of the act or omission giving rise to the injury, but not more than ten years after that date. For injuries to minors below the age of twelve, a malpractice suit must be commenced by the date of the minor's fourteenth birthday.

Additional Rules
At the commencement of litigation a plaintiff must file a $5,000 cost bond, place $5,000 in an escrow account, or file an expert report for each physician or health care provider listed in the complaint attesting to the merits of the claim against that physician or health care provider.

Expert reports are to be submitted by the plaintiff to the defendant and to defense counsel within 120 days of the filing of the complaint.

We are here to help with your Medical Malpractice Case
If you have a loved one who has been a victim of medical malpractice, please contact M&A Law Firm at 1-866-789-1664 toll free, or click here to fill out our convenient online case evaluation form. The consultation is completely free and confidential. Why should you have to suffer for the negligence of others? Let us fight to get you everything you deserve. We are the LAWYERS ON YOUR SIDE™.