Texas Medical Malpractice Laws have limits to the amount plaintiffs can receive as compensation. Plaintiff is the victim filing the malpractice lawsuit. A medical malpractice can explain how these lawsuit limits apply to a specific situation.
Pain And Suffering Malpractice
The pain and suffering part of a Texas lawsuit is the portion of a medical malpractice case with limits. The limits may also be referred to as caps.
- If a physician for example causes a patient pain and suffering by prescribing a medication that hurt the patient. The patient lives and did not suffer any lost limbs or significant financial hardship. The lawsuit would basically only be for “pain and suffering.
- In Texas if this patient sues this doctor for medical malpractice, the courts maximum recovery for the patient would be $250,000.
How To Get More From Your Medical Malpractice Lawsuit
- Attorney fees are a given if you win your malpractice case in court. Judge automatically rewards legal fees to the winning side. This amount will vary depending on actual cost.
- Lost wages other economic losses can also be rewarded. There is no cap to this amount and it will vary deepening on total losses.
- Punitive damages in Texas can be limited. A medical malpractice attorney will do what they can to get the highest punitive damages.
- Ultimately a judge also has the power to add additional damages or penalties.
A very good example of how punitive damages work.
There is a horrible actual medical malpractice lawsuit against East Texas Medical Center. This lawsuit claims that East Texas Medical Center was negligent when they allowed a doctor that was on probation – treat patients. The attorneys in this hospital malpractice case were able to secure a $43.43 million dollar verdict for this victim.
Only four years after this medical malpractice lawsuit was completed, East Texas Medical Center became UT Health East Texas. UT Health East Texas was formed in 2018 when Ardent Health services merged with University of Texas System.