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Texas Birth Injury Lawyers

 

Hampton & King
3 Riverway Suite 910
Houston, TX 77059
713-489-0993 (Local)
1-866-635-0811 (Toll-Free)
www.hamptonking.com
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Texas Medical Liability/Malpractice Statutes of Limitation

All states have set deadlines for when a patient may file a civil claim, known as statutes of limitation, for medical liability and malpractice claims. The majority of the states have special provisions regarding the time limits for minors to file medical liability and malpractice claims. Twenty-two states have special provisions regarding foreign objects.
Tex. Civil Practice and Remedies Code Ann. §74.251 Two years from occurrence, no more than 10 years. Minors under age 12: until age 14th birthday to file.

Texas Medical Liability/Medical Malpractice Laws

Damage Award Limit or Cap

Civil Practice & Remedies §74.301. $250,000 limit per claimant for noneconomic damages against physician or provider. §250,000 limit per claimant against single institution. For claims against multiple institutions, the limit of civil liability for noneconomic damages for each health care institution, inclusive of all persons and entities for which vicarious liability theories may apply, shall be limited to an amount not to exceed $250,000 for each claimant and the limit of civil liability for noneconomic damages for all health care institutions, inclusive of all persons and entities for which vicarious liability theories may apply, shall be limited to an amount not to exceed $500,000 for each claimant.
Civil Practice & Remedies §74.303. In wrongful death claims against physician, the limit of civil liability for all damages, including exemplary damages, shall be limited to an amount not to exceed $500,000 for each claimant. The limitation will be adjusted by the Consumer Price Index.

Limits on Attorney Fees

No limitations.

Periodic Payments

Civil Practice & Remedies §74.501 et seq. If the award for future damages equals or exceeds $100,000, at the request of a defendant physician or health care provider or claimant, the court shall order that medical, health care, or custodial services awarded in a health care liability claim be paid in whole or in part in periodic payments rather than by a lump-sum payment. At the request of a defendant physician or health care provider or claimant, the court may order that future damages other than medical, health care, or custodial services awarded in a health care liability claim be paid in whole or in part in periodic payments rather than by a lump sum payment. On the death of the recipient, money damages awarded for loss of future earnings continue to be paid to the estate of the recipient of the award without reduction. Periodic payments, other than future loss of earnings, terminate on the death of the recipient. If the recipient of periodic payments dies before all payments required by the judgment are paid, the court may modify the judgment to award and apportion the unpaid damages for future loss of earnings in an appropriate manner. Following the satisfaction or termination of any obligations specified in the judgment for periodic payments, any obligation of the defendant physician or health care provider to make further payments ends and any security given reverts to the defendant.

Patient Compensation or Injury Fund

None provided.

Medical or Peer Review Panels

Health & Safety Code §161.031 et seq. Medical committees
Occupations Code §160.001 et seq. Medical peer review
   

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