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Medical malpractice in texas?

Been the victim of Medical Malpractice or fighting a malpractice suit? Discuss it here.

Medical malpractice in texas?

Postby salvadore94 » Wed Apr 06, 2011 9:10 am

what is the max amount i could receive for medical malpractice in texas, that caused a death of a family member?
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Medical malpractice in texas?

Postby aswynn81 » Wed Apr 06, 2011 9:14 am

what is the max amount i could receive for medical malpractice in texas, that caused a death of a family member?
See:
http://www.expertlaw.com/library/malpractice_by_state/Texas.html

Limits on Malpractice Damages

Texas limits noneconomic damages for all doctors and health care practitioners to $250,000.00. Total liability for any one health care facility may not exceed $250,000.00, and total liability for all defendant health care facilities may not exceed $500,000.00. This creates an effective overall damages cap of $750,000.00.

See also:
http://www.cga.ct.gov/2004/rpt/2004-R-0918.htm

In a medical malpractice wrongful death or survival claim, if final judgment is rendered against a health care provider, a $ 500,000 per claimant cap applies to all damages, regardless of the number of defendant providers. This cap is indexed for inflation. It does not apply to necessary medical, hospital, or custodial care received before judgment or required in the future (Tex. Civ. Prac. & Rem. Code Ann. § 74. 303(a), (b), & (c)).

A wrongful death claim is a statutory cause of action that may be brought on behalf of a surviving spouse, children, and parents of the deceased to compensate them for the losses sustained as a result of the wrongful death of their family member (Tex. Civ. Prac. & Rem. Code Ann. § 71. 002). A survival claim is a statutory cause of action brought to recover damages sustained by the decedent for personal injury. The claim survives death in favor of the heirs, legal representatives, and estate of the injured person. The claim also survives the death of the person liable for the injury (Tex. Civ. Prac. & Rem. Code Ann. § 71. 021).
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