Is There a Cap on Medical Malpractice Settlements in Texas?

A: In 2003, Texas residents approved a constitutional amendment to cap non-economic damages at $250,000 for all medical malpractice cases. The vote, called Proposition 12, passed by a narrow margin. Although over a dozen other states also have caps on non-economic medical malpractice damages, the medical error award caps in Texas are unusually low.

While medical error victims and their families can still collect unlimited damages for damages such as hospital bills, loss of wages, and or future medical costs, they can only collect a quarter-million dollars in compensation for pain and suffering, disfigurement, or loss of enjoyment of life. In Texas wrongful death cases, all awards are capped at $1.6 million.

Some believe that these medical malpractice caps encourage doctors to practice in Texas, save hospitals money, and lower insurance premiums. However, others believe that the law is unfair to those who have been permanently harmed by medical mistakes and to the families of those who lost loved ones due to preventable hospital errors.

Have you or a loved one been harmed due to a medical error, such as a surgical mistake, medication error, or misdiagnosis? Speak to a Houston medical malpractice attorney at Ransansky Law Firm today by calling 1-877-405-4313.