Hospital Infections in Texas
Average Settlement: $250,000 - $700,000 | Statute: 2 years from the date of the breach or the last date of the relevant course of treatment
About Hospital Infections
Hospital-acquired infections, also known as nosocomial infections, occur when patients contract infections during the course of receiving treatment in a healthcare facility. These infections are often caused by failures in hygiene protocols, improper sterilization of equipment, or inadequate infection control measures. Hospital infection malpractice cases require demonstrating that the facility deviated from accepted infection prevention standards, directly causing the patient's infection and resulting harm.
Texas Medical Malpractice Laws
Statute of Limitations
2 years from the date of the breach or the last date of the relevant course of treatment
Damage Cap
$250,000 non-economic damages per claimant against physicians and healthcare providers; $250,000 per hospital (up to $500,000 total against hospitals per claimant)
Discovery Rule
Texas applies the discovery rule in limited circumstances but has a strict 10-year statute of repose. The open courts provision of the Texas Constitution may provide relief in some cases.
Pre-Filing Requirements
Plaintiffs must serve an expert report within 120 days of filing the original petition. Failure to do so results in mandatory dismissal with prejudice.
Common Examples of Hospital Infections
- •Surgical site infections due to non-sterile operating conditions
- •Central line-associated bloodstream infections (CLABSIs) from improper catheter insertion or maintenance
- •Catheter-associated urinary tract infections (CAUTIs) from prolonged or unnecessary catheter use
- •MRSA or C. difficile infections spread through poor hand hygiene or contaminated surfaces
- •Ventilator-associated pneumonia from inadequate respiratory equipment care
- •Post-operative wound infections caused by failure to administer prophylactic antibiotics
Key Facts
- ✓The CDC estimates that approximately 1 in 31 hospital patients has at least one healthcare-associated infection on any given day
- ✓Hospitals are required to follow evidence-based infection prevention bundles, and failure to do so can constitute negligence
- ✓Infection control committee records, staff training logs, and hand hygiene compliance audits are discoverable evidence in these cases
- ✓Proving causation is often the most challenging element, as defendants may argue the infection would have occurred despite proper precautions
- ✓CMS publicly reports hospital infection rates, and facilities with rates significantly above the national baseline face stronger liability exposure
- ✓Some states have enacted specific hospital infection disclosure laws that require facilities to report infection data, which can be used as evidence
- ✓Texas's tort reform (HB 4, enacted 2003) significantly reduced medical malpractice filings through strict caps and expert report requirements.
- ✓An expert report must be served within 120 days of filing — failure results in mandatory dismissal with prejudice.
- ✓Texas follows a modified comparative responsibility system with a 51% bar.
- ✓Punitive damages are capped at the greater of $200,000 or two times economic damages plus non-economic damages up to $750,000.
- ✓The Texas Medical Liability Act provides specific procedures and requirements distinct from general tort claims.
Victim of Hospital Infection in Texas?
Get a free case evaluation. Most medical malpractice attorneys work on contingency.
Calculate Your Settlement →Hospital Infections in Other States
Other Malpractice Types in Texas
This information is for educational purposes only and is not legal advice. Consult a licensed medical malpractice attorney in Texas.