Medical malpractice cases can be complex and emotionally charged, involving significant financial and personal losses. In Texas, like many other states, there are legal limits on the amount of damages a plaintiff can receive in a medical malpractice lawsuit. These limits, known as “caps,” vary based on the type of damages awarded and the number of defendants involved.
Types of Damages in Medical Malpractice Cases
The different types of damages a plaintiff can seek in a medical malpractice lawsuit include:
- Economic Damages: These are quantifiable monetary losses incurred by the plaintiff due to the malpractice. They include medical expenses, lost wages and costs for future medical care.
- Non-Economic Damages: These damages compensate for intangible losses that are not easily calculable, such as pain and suffering, emotional distress and loss of companionship.
- Punitive Damages: Unlike economic and non-economic damages, punitive damages are intended to punish the defendant for particularly egregious conduct and to deter similar behavior in the future. These are not available in most medical malpractice cases and requires proving reckless disregard for the patient, like performing surgery while intoxicated.
Caps on Non-Economic Damages
Texas law imposes caps on non-economic damages in medical malpractice cases. According to the Texas Civil Practice and Remedies Code Section 74.301, non-economic damages are capped at $250,000 per defendant, with an overall cap of $500,000 if there are multiple defendants. This means that even if multiple healthcare providers or institutions are found liable, the total amount of non-economic damages a plaintiff can receive cannot exceed $500,000.
Economic Damages: No Caps
It’s important to note that Texas does not impose a cap on economic damages in medical malpractice cases. Plaintiffs can recover the full amount of their economic losses, which include past and future medical expenses, lost wages and other out-of-pocket costs.
This distinction is crucial because it ensures that plaintiffs are compensated for the actual financial impact of the malpractice, without being limited by statutory caps.
Medical malpractice can have long-lasting and costly consequences, with severe cases potentially leaving plaintiffs with hundreds of thousands or even millions of dollars in projected long-term care costs, lost wages and lost benefits. Caps on these types of damages could result in financial ruin for people injured by medical malpractice.
Punitive Damages Caps
Punitive damages in Texas are subject to a different set of caps. According to Texas Civil Practice and Remedies Code Section 41.008, punitive damages are capped at the greater of:
- Twice the amount of economic damages, plus the amount of non-economic damages up to $750,000
- $200,000
The $200,000 cap ensures that, even in cases where the plaintiff’s economic and non-economic damages are minimal, the defendant is still subjected to a financially meaningful punishment.
Although there are many arguments against capping punitive damages, the rationale is to prevent excessive punitive damage awards that could drive up healthcare costs or incentivize frivolous lawsuits.
The Rationale Behind Damage Caps
The implementation of damage caps in Texas is rooted in a broader effort to control medical malpractice insurance costs and ensure the availability of healthcare services. Proponents of damage caps argue that they help stabilize insurance premiums for healthcare providers, prevent the exodus of medical professionals from high-risk specialties and reduce the incidence of defensive medicine (where doctors order unnecessary tests and procedures to shield themselves from accusations and avoid lawsuits).
Critics, however, contend that damage caps unfairly limit compensation for patients who have suffered severe injuries due to medical negligence. They argue that caps disproportionately affect those with the most significant non-economic losses, such as pain and suffering, and can undermine the deterrent effect of large damage awards.
Why Multiple Defendants Are Common in Medical Malpractice Cases
It’s not uncommon for medical malpractice cases to involve multiple defendants. This scenario often arises due to the collaborative nature of healthcare, where multiple providers and institutions are involved in a patient’s care. Many doctors, surgeons, nurses and specialists are employed by hospitals and hospital networks, and every party may share some of the blame.
- Hospitals and Staff: A patient might receive treatment from various departments and staff members within a hospital, including nurses, technicians and specialists.
- Consulting Physicians: A primary care physician might refer a patient to a specialist, who then provides additional care or performs a procedure.
- Surgical Teams: Surgical procedures typically involve a team of healthcare providers, including the surgeon, anesthesiologist and surgical nurses, any of whom could potentially contribute to a malpractice or fail to conduct the necessary due diligence to spot and rectify errors made by another participant in the procedure.
In such cases, each defendant’s actions (or inactions) can collectively contribute to the patient’s harm, making it necessary to include all responsible parties in the lawsuit. For example, the surgeon may have made the mistake, but the hospital hired them or failed to provide the necessary oversight to prevent the error.
We Pursue Maximum Recovery for Medical Malpractice Claims in Houston
If you believe you have been a victim of medical malpractice in Houston, our experienced attorneys are here to help. We have extensive experience investigating these complex situations and working with expert witnesses to ascertain what should have happened and where failures occurred.
Give us a call at (713) 668-4545 or contact us on our website today to schedule a consultation.
