Recent Texas News
Changing History: How TMA Has Influenced the Course of Texas Medicine
The Texas Medical Association’s 171-year existence is rich with milestones. From ushering in significant legislative reforms and responding to emergencies to expanding its own operations and solving seemingly intractable problems, TMA has played an active role in...
June 2023 Newsletter
HCLA Pushes for Good Samaritan legislation in pandemic preparedness reauthorization As legislative hearings and markups were underway in Washington, D.C., earlier this month, the HCLA announced its support for including the language contained in the Good Samaritan...
Malpractice Lawsuits Over Denied Abortion Care May Be on the Horizon
A year after the overturning of Roe v. Wade, many physicians and hospitals in the states that have restricted abortion reportedly are refusing to end the pregnancies of women facing health-threatening complications out of fear they might face criminal...
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. |