Texas Medical Malpractice Settlement Calculator

Texas has a tiered cap system under Chapter 74 of the Texas Civil Practice & Remedies Code [citation:2][citation:7]:

• $250,000 per claimant against all physicians/individual providers combined
• $250,000 per claimant per health care institution (capped at $500,000 total across all institutions)
• $750,000 global cap when both physicians and multiple institutions are involved

📌 Economic damages (medical bills, lost wages) are completely uncapped under the Texas Constitution [citation:7].

Texas medical malpractice settlements vary widely based on injury severity and the number of defendants. Typical ranges:

• Minor injuries: $50,000–$150,000
• Moderate injuries: $150,000–$500,000
• Severe injuries: $500,000–$1,500,000+ (subject to caps)
• Catastrophic injuries: Up to the $750,000 cap on non-economic damages, plus uncapped economic damages

📌 The global $750,000 cap applies to non-economic damages across all defendants [citation:7][citation:12].

Economic damages are quantifiable losses: medical bills, lost wages, future medical care, and rehabilitation costs. These are never capped in Texas [citation:7].

Non-economic damages are subjective: pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium. These are capped at $250K per physician and $750K global under Chapter 74 [citation:2][citation:7].

The $750,000 cap applies only to non-economic damages (pain and suffering). You can recover unlimited economic damages (medical bills, lost wages, future care).

📌 In wrongful death cases, Section 74.303 establishes a CPI-adjusted cap that exceeds $2.5 million for all damages combined [citation:2][citation:7].

Texas has a 2-year statute of limitations under § 74.251 of the Civil Practice & Remedies Code [citation:7].

The clock starts from the date of the alleged negligent act or omission, or from the completion of the medical treatment or hospitalization that is the subject of the claim.

⚠️ Texas also has a 10-year statute of repose — no claim may be brought more than 10 years after the date of the act or omission, regardless of when it was discovered [citation:7].

The discovery rule tolls (pauses) the statute of limitations until the patient discovers or reasonably should have discovered the injury and its connection to the healthcare provider's negligence.

📌 This is particularly important in cases where the injury isn't immediately apparent, such as retained surgical instruments or misdiagnosis of cancer.

A Certificate of Merit is required under Texas law and must be filed with the lawsuit [citation:7].

It includes an affidavit from a qualified medical expert attesting that the healthcare provider's actions fell below the accepted standard of care. Failure to file can result in dismissal of your case [citation:7].

Yes. Texas law requires an expert report within 120 days of filing the petition [citation:7].

The report must outline:

• The applicable standard of care
• The manner in which it was allegedly breached
• The causal link to the patient's injury

⚠️ If the report is deficient or late, the court must dismiss the claim with prejudice [citation:7].

Under § 74.051, a claimant must provide written notice of a health care liability claim at least 60 days before filing suit [citation:7].

The notice must be sent by certified mail to each health care provider or institution being sued and must include an authorization form allowing the release of the patient's relevant medical records. Failure to provide proper notice can result in dismissal [citation:7].

Under Texas Civil Practice & Remedies Code § 33.001, if you are found 51% or more at fault for your injury, you are completely barred from recovering any compensation [citation:10][citation:15].

If you are 50% or less at fault, your recovery is reduced proportionally [citation:5][citation:10].

Medical malpractice settlements are typically paid by the healthcare provider's professional liability insurance (malpractice insurance). Most physicians carry policies ranging from $250,000 to $1,000,000+ per claim.

Insurance sources:

• Individual physicians: Professional liability policies
• Hospitals: Institutional liability policies
• Medical groups: Group liability policies
• Government facilities: Self-insured or FTCA coverage

NO. Insurance companies make low initial offers hoping you'll accept less than your claim is worth. Medical malpractice cases are complex, and insurers have experienced adjusters who know how to minimize payouts.

⚠️ Never accept the first offer. Always consult a Texas medical malpractice attorney before accepting any settlement.

📌 All references are to the Texas Civil Practice & Remedies Code [citation:2][citation:5][citation:7].