If you have a malpractice claim against a doctor or other health care provider, you may be limited as to the amount of damages you can recover. Almost half of the states have laws restricting medical malpractice damages.

These laws were passed primarily in response to the rising costs of medical insurance. Some laws apply not only to medical providers such as physicians, but also to chiropractors, psychotherapists, and hospital staff. Some may even be applicable to blood banks.

Damage Cap Applies to Non-Economic Damages

The statutes placing caps on the amount of recoverable damages typically limit non-economic damages. Non-economic damages include:

  • Pain and suffering
  • Discomfort
  • Inconvenience
  • Other damages that do not include medical costs or lost earnings

Some states limit the damages per plaintiff, while others limit the total amount of damages, regardless of the total number of plaintiffs and defendants. In Texas, non-economic damages are capped at $250,000 for a medical malpractice claim. This includes claims against doctors, hospitals and health care providers.

Punitive Damages

In situations where the conduct of the physician or medical provider rises to a level of willfulness rather than mere negligence, some states will allow punitive damages in order to punish the perpetrator and discourage similar conduct in the future. However, these states may also impose limits on the amount of punitive damages. In Texas, the cap on punitive damages is $200,000 or twice the amount of economic and non-economic damages, up to $750,000.

Economic Damages

Economic damages -- those incurred from your past, present or future medical care and for lost earning capacity or reimbursement of lost income -- are not capped in Texas.

If you or someone you love has been injured as a result of a medical mistake, our Texas medical malpractice attorneys have the experience and resources to help you through this difficult time and obtain just compensation for your injuries. Please call 800-248-6000 or contact us for a free consultation.

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