Unfortunately, Texas patients who are harmed by the medical malpractice of a medical professional in Texas often have a very difficult time receiving fair compensation. This is because of the strict laws in Texas on medical malpractice claims. Medical malpractice victims in Texas should not let the laws prevent them from attempting to make a claim, but it can be difficult to win such claims under state law
Caps on pain and suffering in non-death cases. In 2003, medical malpractice laws were changed in Texas. The biggest change was setting a cap for pain and suffering in non-death cases. Patients can recover $250,000 from the doctor, hospital, and any other medical facility, with a cap of $750,000. The numbers do not rise with inflation, and in most cases, only the doctor can be held liable. Holding a hospital liable for the actions of a doctor is extremely difficult. Even if it can be proven a hospital hired a doctor they should not have, to be successful against the hospital the patient must prove the hospital actually meant to harm the patient.
Caps on damages in death cases. In death cases, about $1.65 million can be collected, which may seem like a huge amount of money, but in many cases is insufficient to properly compensate the victims.
No requirement that doctors have malpractice insurance. There is also no requirement that doctors carry malpractice insurance. If a doctor fails to have insurance and a patient is harmed, there may be no way to collect any money from the doctor.
However, despite the laws favoring doctors in medical malpractice cases in Texas, if you have been harmed by the wrongful actions of a doctor, it’s important that you pursue damages. Medical malpractice claims have slowly been on the rise in Texas, and people who are harmed still do receive compensation for their injuries in many cases.
Call the Houston medical malpractice attorneys at Kennedy Hodges at 855-947-0707 if you have been harmed by a negligent doctor. Our team can help you recover compensation. Call today to learn more or schedule a free consultation, or visit us on Twitter to learn more.