Texas requires a medical-malpractice plaintiff to serve a detailed expert report within 120 days of the defendant's answer. The report, from a qualified medical expert, must explain the standard of care, how it was breached, and how that breach caused the injury.
The Expert Report Requirement
Failing to serve an adequate report on time can result in dismissal and an order to pay the defendant's attorney fees. This requirement filters out many claims early and makes early legal involvement essential.
Caps on Non-Economic Damages
Texas caps non-economic damages (pain and suffering, mental anguish) in medical-malpractice cases — generally 250,000 dollars against physicians and individual providers, with separate caps for healthcare institutions. Economic damages such as medical bills and lost earnings are not capped.
These caps significantly shape strategy and the types of cases that are economically viable to pursue.
Why These Cases Demand Experienced Counsel
Between the expert requirements, the caps, and the resources hospitals bring to defense, Texas medical-malpractice cases are among the most complex. A free review can help you understand whether your situation meets the threshold.
Have questions about your own situation? Get a free, confidential case review. You pay no fee unless you win. Call 973-566-5599.
This article is for general informational purposes only and is not legal advice. For guidance on your specific situation, consult a licensed Texas attorney.