Medical malpractice cases in Texas arise when healthcare providers deviate from the accepted standard of care, causing injury. Texas has some of the most defendant-friendly medical malpractice laws in the country, including mandatory expert reports, damage caps, and pre-suit notice requirements. Despite these hurdles, successful claims can recover substantial economic damages since medical bills and lost earnings have no cap.
Get My Free Medical Malpractice Estimate →Texas caps non-economic damages in medical malpractice at $250,000 per individual physician and $500,000 aggregate for healthcare institutions (Civil Practice & Remedies Code Section 74.301). Economic damages are uncapped. A qualified expert report must be filed within 120 days of the defendant's answer. Pre-suit notice of 60 days is required. The statute of limitations is 2 years, with a 10-year statute of repose for minors.
Statute of Limitations
2 Years
Comparative Fault
51% Bar Rule
Damage Caps
$250K Non-Economic
Medical malpractice settlements in Texas average $150,000 to $500,000 for moderate cases. Severe cases involving permanent injury, catastrophic harm, or death can produce settlements of $500,000 to $2,000,000+. The non-economic damage cap limits total recovery but economic damages are uncapped.
| Severity | Typical Settlement Range |
|---|---|
| Minor Injury | $50,000 |
| Moderate Injury | $150,000 - $500,000 |
| Severe / Catastrophic | $500,000 - $2,000,000+ |
These ranges are based on publicly available Texas verdict and settlement data. Actual outcomes vary based on specific facts and circumstances.
Nerve Damage, Organ Damage, Internal Bleeding, Traumatic Brain Injury (TBI), Wrongful Death, Paralysis, Chronic Pain
Our AI-powered estimator analyzes your medical malpractice case details against thousands of Texas verdicts and settlements to give you a personalized estimate of what your case may be worth. It takes just a few minutes, is completely confidential, and costs nothing.
Get My Free Estimate →Harris County • Get free estimate →
Bexar County • Get free estimate →
Dallas County • Get free estimate →
Travis County • Get free estimate →
Tarrant County • Get free estimate →
El Paso County • Get free estimate →
Tarrant County • Get free estimate →
Nueces County • Get free estimate →
Collin County • Get free estimate →
Webb County • Get free estimate →
Lubbock County • Get free estimate →
Dallas County • Get free estimate →
Nursing Home Abuse • Birth Injury • Wrongful Death • Product Liability
Non-economic damages are capped at $250,000 per individual physician and $500,000 for healthcare institutions. Economic damages (medical bills, lost wages, future care) have no cap. This means catastrophic cases with high economic losses can still result in multi-million-dollar recoveries.
Two years from the date of the negligent act or the date you discovered (or should have discovered) the injury. Texas also has a 10-year statute of repose that absolutely bars claims filed more than 10 years after the act, with exceptions for minors.
Within 120 days of the defendant filing an answer, you must serve a qualified expert report identifying the standard of care, how it was breached, and how the breach caused injury. Failure to file results in dismissal with prejudice.
Moderate cases settle for $150,000 to $500,000. Severe cases — surgical errors, missed diagnosis of cancer, anesthesia injuries — range from $500,000 to $2,000,000+. Birth injury cases often produce the highest settlements due to lifetime care costs.
Yes. Hospitals can be held liable for the negligence of their employees (nurses, technicians) and for systemic failures (inadequate staffing, faulty equipment). The $500,000 cap on non-economic damages applies to hospital claims.
Free, confidential, AI-powered estimate based on Texas verdict data. Takes just a few minutes.
Get My Free Estimate →