Winckler & Harvey, L.L.P.
A Medical Malpractice and Personal Injury Law Firm
Free Initial Consultations 512-593-7399

Caps on medical malpractice awards in Texas

Medical mistakes are the third most common cause of death in Texas and around the country. Some medical malpractice victims who survive require around-the-clock medical care for life, which is why the damages awarded in these cases are often high. Many states, including Texas, have passed laws that limit the amount of compensation that can be awarded in medical malpractice cases, but these laws sometimes only apply to non-economic damages.

A medical malpractice case highlighting these issues was recently decided in Maryland. A jury awarded the mother of a 4-year-old girl who suffered birth injuries $229.6 million in damages. The damages were high because the girl will never be able to walk, needs constant care and receives her nourishment through a feeding tube. The mother successfully argued that her daughter's injuries could have been avoided if the hospital involved had urged her to undergo a caesarian section.

Maryland law limits damages in medical malpractice cases to $200 million, and legal analysts say the damages are likely to be reduced even further when the hospital appeals. In Texas, malpractice awards are capped at $250,000 in cases against a single hospital or doctor and $500,000 in cases involving multiple defendants. However, these limits only apply to non-economic damages such as emotional distress and pain and suffering.

A Texas personal injury attorney with medical malpractice experience could explain that damages awarded to cover lost income and the costs of ongoing medical care are not subject to a state cap. Before filing a medical malpractice lawsuit, an attorney may consult with doctors and financial professionals to ensure that the damages they seek will be sufficient. Doctors could explain the type of treatment that a medical malpractice victim will require, and financial professionals could determine how much the cost of providing this treatment will increase over time.

No Comments

Leave a comment
Comment Information
Email Us For A Response

Want To
Learn More?

At Winckler & Harvey, LLP, we are committed to giving every individual and family we represent the attention they deserve, delivered with the highest caliber of knowledge and skill available. Do not hesitate to get the representation you need.
Email or call us at 512-593-7399.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Lawyers Trusted In Texas And Nationwide

Members of our team have received many honors and awards.

  • Best Lawyers | Best Law Firms
  • Best Lawyers in America
  • Best Lawyers | 2017
  • Best Lawyers of the year
  • Best Lawyers of the year
  • Best Lawyers of the year
  • Best Law Firms and Best Lawyers in America is a Woodward White Peer-Review Publication
    Our firm has earned the designation of Best Law Firms since 2010
    Jay Winckler has been designated a Best Lawyer since 2009
    Jay Harvey has been designated a Best Lawyer since 2006
  • Super Lawyers (A service of Thomson Reuters)
    Jay Winckler: 2003, 2011-2012, 2014-2019
    Jay Harvey: 2003 - 2019