Recent Texas News
June 2025 Newsletter
Push to rein in liability payouts stalls in Texas An opportunity to protect patient access to care slipped through the cracks in the Texas Legislature this session, leaving the state’s health care and legal systems vulnerable to medical lawsuit abuse. As reported by...
Effort to curb personal injury lawsuit payouts dies in the Texas Legislature
Publication Source: The Texas Tribune Legislation that started as a priority bill to place substantial limits on the personal injury lawsuit industry — those representing accident victims and their families — died this weekend after lawmakers failed to agree on a...
June 2024 Newsletter
Pennsylvania venue shopping leads to looming liability crisis A growing number of physicians and access to care advocates are joining together to warn of a looming liability crisis resulting from venue shopping and medical lawsuit abuse in Pennsylvania. Over the past...
Current Medical Liability Laws
| Damage Caps | $250,000 cap on noneconomic damages for judgments against physicians and health care providers; additional $250,000 cap on noneconomic damages for judgment against first health care institution; $250,000 cap on noneconomic damages if judgment made on any subsequent health care institution. |
| Joint Liability Reform | $250,000 cap on noneconomic damages for judgments against physicians and health care providers; additional $250,000 cap on noneconomic damages for judgment against first health care institution; $250,000 cap on noneconomic damages if judgment made on any subsequent health care institution. |
| Collateral Source Reform | Texas Civil Practice & Remedies Code Section 41.0105 states “[i]n addition to any other limitation under law, recovery of medical or health care expenses incurred is limited to the amount actually paid or incurred by or on behalf of the claimant.” Haygood v. De Escobedo, 356 S.W.3d 390 (Tex. 2011) (holding collateral source rule applies under Texas statute, but plaintiff may not recover more than actual expenses). |
| Attorney Fees Limited | No |
| Periodic Payments Permitted | Yes. Court must order payment of periodic damages if the present value of damages in case equals or exceeds $100k. |