Contingency Lawyer For Medical Malpractice In Houston
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In addition, for a medical malpractice lawsuit to hold, the following elements must be true: The defendant owed the plaintiff a duty of care. The defendant breached the duty of care. The breached duty of care proximately caused the harm or damage sustained by the plaintiff.
Of these four criteria, causation, or proving that a doctor's or medical professional's actions caused the harm or injury the patient has experienced, is often the hardest to demonstrate in court.
Texas has a cap on non-economic damages, such as pain and suffering, emotional distress, and loss of enjoyment of life. The cap is $250,000 for healthcare providers and $500,000 for hospitals. We'll explain how this cap works and how it can impact your compensation.
The amount you can receive for economic damages is not capped. A jury can award any amount for economic damages. Therefore, the average medical malpractice settlement is somewhere between the person's economic damages and $250,000 above that amount.
A jury can award any amount for economic damages. Therefore, the average medical malpractice settlement is somewhere between the person's economic damages and $250,000 above that amount.
The Texas Medical Malpractice and Tort Reform Act severely restricts that amount of damages that medical malpractice victims can obtain for pain and suffering. Non-economic damages against all doctors and health care providers capped at $250,000. Non-economic damages against health care facilities capped at $500,000.
Texas is not only one of the hardest states to pursue medical negligence claims, they also have some of the lowest caps on damages.
The size of the cap depends on whom the plaintiff is suing. Each plaintiff may recover: $250,000 in noneconomic damages from any single health care institution (such as a hospital), but no more than $500,000 from all health care institutions named as defendants in the case.
