Texas Brain Damage Lawyers

Legislation On Medical Malpractice In Texas

Non-economic Damages

HB 4 caps non-economic damages at $ 250,000 per claimant in a case involving a provider, regardless of the number of providers involved or the number of separate legal theories on which the claim is based. Providers include, among others, physicians, nurses, dentists, and pharmacists. Institutions include hospitals, ambulatory surgical centers, and emergency medical services providers. It also imposes this limit for a claim against a single health care institution, including all persons that may be subject to vicarious liability. For claims involving more than one institution, the $ 250,000 limit applies to any one institution, and each claimant is limited to $ 500,000 in total non-economic damages.

HB 4 substantially amends Texas’ law regarding medical liability. It establishes a cap of $ 250,000 per claimant on non-economic damage awards in cases involving health care providers or an individual health. The limit applies regardless of the number of providers involved or the number of issues upon which the claim is based. If the claim involves several institutions, the cap is $ 500,000 per claimant. The mandated insurance coverage will increase in 2005 and 2007. The act caps awards against providers in wrongful death suits at $ 500,000 per claim. The award is adjusted annually for inflation and it does not apply to medical, hospital, or custodial costs.

These provisions supersede a $ 500,000 cap for providers and institutions imposed under prior law that was the state courts had found unconstitutional. The cap applied to all damages except medical, hospital, and custodial costs. The new caps were adopted in conjunction with a constitutional amendment that authorizes them.

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