Texas Malpractice Damage Caps
If you are someone about to pursue some sort of malpractice claim or case, you might have been brought up short by the discovery of Texas malpractice damage caps. However, you shouldn’t be too shocked simply because almost all states impose these caps on the amount of money that someone can request in a medically related malpractice case.
However, before you determine that the Texas malpractice damage caps are not suitable to your needs, take a second to learn the specifics. For instance, there are non-economic damages that the courts award and then there economic damages. The Texas malpractice damage caps apply to the non-economic damages alone, and these include:
- $250,000 per-claimant on non-economic damages against the physician or health care provider.
- $250,000 per-claimant on non-economic damages against a single health care institution.
- $500,000 per-claimant on non-economic damages against multiple health care institutions (and no single institution can be hit with more than $250,000 in non-economic damages).
And just what are these non-economic damages with Texas malpractice damage caps? These are the things that it can be tough to put a price tag on, including loss of enjoyment of life, pain and suffering, and emotional distress, among others.
And where are there none of the Texas malpractice damage caps? This is when you will feel a bit of relief because there are no Texas malpractice damage caps on payments awarded towards past and future medical expenses or care, lost income reimbursements, compensation for your lost capacity for earning, and any other financial losses that the injury caused you to sustain.
There is also a limit to punitive damages within the Texas malpractice damage caps, too. These are damages that are usually awarded as a form of punishment for the liable party’s poor conduct or horrible behaviors. In Texas, the injured party is able to claim up to $200,000 or twice the amount of the economic and the non-economic damages combined (or up to $750,000, if greater).
This represents enormous sums of money, and should convince anyone who has suffered injury and loss at the hands of a medical expert that they should pursue their case. However, it is also a good way to illustrate the need for an attorney. After all, medical malpractice also demands that the person bringing the claims is also able to prove that the accused party is to blame. For example, if you have a medical malpractice case and you want to pursue some sort of compensation for it, you will have to be able to demonstrate that the person you are pursuing for the damages did cause them, and that injuries or losses you sustained are what created the issues for which you seek the compensation.
That may seem unclear, and that is why you cannot even begin to develop any sort of medical malpractice case in Texas without first discussing the entire matter with an experienced medical malpractice attorney. They know all about the caps and the burden of proof. They can begin to negotiate with your insurance firms for the liable individual or group, and they may even be able to keep the matter out of court.
After all, though most insurance firms want to settle for as little as possible, they also know that a lengthy court battle will end up costing them far more. Caps or not, a valid medical malpractice case is going to cost a medical professional a lot of money. You can assure yourself a successful claim by working with someone familiar with the many ways that insurance companies and medical experts seek to keep liabilities far lower than the caps, and you should act quickly because there are time limits for making such claims.
LegalMatch.com. Texas’s Cap for Medical Malpractice Damages. 2015. http://www.legalmatch.com/law-library/article/texass-cap-for-medical-malpractice-damages.html