Texas Medical Malpractice

Medical malpractice occurs when a health provider is negligent in the care or standard of care it renders to a patient. The laws governing a patient's right to sue for malpractice differs from state to state. Texas medical malpractice awards are limited to $250,000 per health care provider defendant, not to exceed $750,000 in total damages. A defendant is not entitled to have his or her liability reduced by showing that the plaintiff has already received compensated from other sources. This is referred to as the Collateral Source Rule. When there is more than one defendant in an action, each defendant is held liable for the total judgment award so that if one of the defendants is unable to pay their share, the other defendant(s) become liable for the entire debt. This is known as Joint and Several Liability. The statute of limitations on a Texas medical malpractice suit is such that a suit must be commenced within 2 years of the act or omission giving rise to the injury, but not more than ten years after that date. Minors below the age of 12 must commence a malpractice suit by the time the minor turns 14 years of age. There are no limits on attorney fees in a Texas medical malpractice suit.

Fast Facts

  • To ensure the validity of the malpractice suit, the plaintiff must either file a $5,000 cost bond, place the same amount in an escrow account or file an expert report for each health care provider listed in the compliant that attests to the merits of the claim.

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