Medical Malpractice In Texas
Medical Malpractice Law in Texas: What You Need to Know
Medical malpractice occurs when a healthcare provider's negligence causes injury or death to a patient. In Texas, the law sets specific rules that govern these claims, and understanding them is essential for anyone who believes they may have been harmed by substandard medical care.
Statute of Limitations
In Texas, you generally have two years from the date of the alleged malpractice — or from the date you discovered (or reasonably should have discovered) the injury — to file a medical malpractice lawsuit. Missing this deadline typically bars your claim entirely, so acting promptly is critical.
Expert Report Requirement
One of Texas's most distinctive requirements is the mandatory expert report. Within 120 days of filing a lawsuit, the plaintiff must serve each defendant with a written report from a qualified medical expert. This report must detail the applicable standard of care, how the defendant deviated from that standard, and how that deviation caused the plaintiff's injury. Failure to provide a compliant report can result in dismissal of the case.
Damages Caps
Texas law limits the amount of non-economic damages — such as pain and suffering — that a plaintiff can recover in a medical malpractice case. Currently, these caps are set at $250,000 per physician or healthcare provider, and $250,000 per healthcare institution (with a total cap of $500,000 for all institutions involved in a single case). There is no cap on economic damages, such as medical expenses and lost wages.
How to File a Claim
Filing a medical malpractice claim in Texas involves several steps: gathering medical records, consulting with a qualified medical expert, sending the required pre-suit notice to the healthcare provider at least 60 days before filing, and then filing suit in the appropriate court. Given the procedural complexity and strict deadlines involved, it is strongly advisable to consult an experienced Texas medical malpractice attorney as early as possible.
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