Medical Malpractice Limits in Texas

Beth Janicek

Attorney
(866) 735-1102 Ext 395

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In 2003, Texas limited how much a patient could win in a medical malpractice lawsuit. The limit for an injured patient is $250,000 on non economic damages.

Doctors have seen their costs for liability insurance fall but there is not a savings going to Texas consumers. Additionally, there is a 50 percent increase in doctors applying to practice in Texas.

Attorneys representing injured patients have been cut in half due to the $250,000 limit. The limit is making most medical malpractice claims unprofitable to the patient and attorney.

Debate continues on the overall effect of the bill. For every story that trial lawyers tell about a victim of medical malpractice who's been unable to seek damages in a lawsuit, the medical lobby can point to a patient who got treatment from a hard-to-find specialist who came to Texas because of the lawsuit limits.

A Dallas attorney Gary Sibley, who used to defend doctors and hospitals against malpractice suits, says he believes some patients suffer from a reduced quality of care as a result of the law.

"I would say just simply the specter of being sued for malpractice made health care better," he said. "Now I know a lot of doctors who just aren't that concerned about quality, because they're not getting sued at all."

For more information on this subject, please refer to our section on Medical Malpractice and Negligent Care.