Texas (TX) Medical Malpractice Laws
Everything you need to know about filing a medical malpractice claim in Texas.
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)
Statute of Limitations
2 years from the date of the breach or the last date of the relevant course of treatment
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.
Average Settlement
$225,000 - $550,000
Average Verdict
$400,000 - $1,500,000
Key Facts About Texas Medical Malpractice Law
- 1Texas's tort reform (HB 4, enacted 2003) significantly reduced medical malpractice filings through strict caps and expert report requirements.
- 2An expert report must be served within 120 days of filing — failure results in mandatory dismissal with prejudice.
- 3Texas follows a modified comparative responsibility system with a 51% bar.
- 4Punitive damages are capped at the greater of $200,000 or two times economic damages plus non-economic damages up to $750,000.
- 5The Texas Medical Liability Act provides specific procedures and requirements distinct from general tort claims.
Need Help with a Texas Medical Malpractice Case?
If you believe you have a medical malpractice claim in Texas, it is important to act quickly. The statute of limitations in Texas is 2 years from the date of the breach or the last date of the relevant course of treatment. Most medical malpractice attorneys offer free initial consultations.