Recent Texas News
New Bill Would Provide Greater Length of Time to Sue Doctors
A bill in the Maine legislature would have the medical malpractice statute of limitations clock start running when a patient discovers the negligence, which could be years after treatment took place. And other states could follow suit with similar bills. What danger...
November 2021 Newsletter
Texas plaintiffs gear up for a fight against liability laws A challenge in federal court is the first step that medical liability lawsuit plaintiffs have taken to overturn long-standing and successful reforms for Texas patients. More than a dozen plaintiffs are...
Texas plaintiffs gear up for a fight against liability laws
SOURCE: Law 360 A challenge in federal court is the first step that medical liability lawsuit plaintiffs have taken to overturn long-standing and successful reforms for Texas patients. More than a dozen plaintiffs are seeking class-action status in support of a...
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. |