What Is the Average Medical Malpractice Settlement in Texas?
People harmed by medical negligence often want to know how much a medical malpractice case might settle for. However, there is no reliable statewide average that can predict the value of a particular Texas claim. Settlements vary widely because the injuries, financial losses, evidence, and parties involved are different in every case.
Many settlements are also reached privately, meaning the amounts are not necessarily public. Instead of relying on an average, it is more useful to understand the factors that can increase or decrease the value of a medical malpractice claim.
What Affects the Value of a Medical Malpractice Settlement?
Medical malpractice occurs when a physician or other covered health care provider departs from the accepted standard of care and causes a patient injury.
The value of a claim can depend on factors such as:
- The type and severity of the injury
- Whether the patient is expected to make a full recovery
- The strength of the evidence
- Whether the injury caused a permanent disability
- The number and type of defendants
- Whether the patient’s ability to work has been affected
- Available insurance coverage
- Whether the case settles or proceeds to trial
For example, a temporary injury that requires limited treatment may result in different losses than an injury requiring lifelong medical care. The effect of the injury on the patient’s work, independence, and daily life can also influence the damages involved.
What Damages Can Be Included in a Texas Medical Malpractice Settlement?
A settlement may compensate a patient for economic and non-economic damages.
Economic damages cover measurable financial losses. They may include medical bills, rehabilitation expenses, lost income, reduced future earning capacity, and the cost of future care. Non-economic damages compensate for losses that do not come with a bill or receipt. Examples include physical pain, mental anguish, and loss of enjoyment of life.
The amount available in each category depends on the facts of the case and the evidence supporting the claimed losses.
Does Texas Cap Medical Malpractice Damages?
Yes. Texas limits the amount of non-economic damages that may be recovered in health care liability cases.
Under Texas Civil Practice and Remedies Code § 74.301, non-economic damages against an individual physician or health care provider are generally limited to $250,000 for each claimant. Additional limits apply when one or more health care institutions are defendants.
These limits apply to non-economic damages rather than ordinary economic losses such as past medical expenses or lost wages. Because the defendants involved can affect how the statutory limits apply, the damages analysis can become more complicated when a claim involves a doctor, hospital, and other providers.
How Are Medical Malpractice Settlements Reached?
Many claims are resolved through negotiations between the injured patient and the health care provider’s insurer. The parties may exchange evidence, expert opinions, medical records, and settlement offers before reaching an agreement.
Texas also imposes special procedural requirements on health care liability claims. For example, a claimant generally must provide written notice to each physician or health care provider at least 60 days before filing suit.
A settlement may be reached before a lawsuit is filed, during litigation, through mediation, or shortly before trial. If the parties cannot agree, the dispute may ultimately be decided in court.
How Long Do You Have to Bring a Medical Malpractice Claim in Texas?
Texas law generally provides a two-year limitations period, although the way the deadline is calculated can depend on when the treatment or alleged negligence occurred and whether the care involved a continuing course of treatment. You also must typically bring these claims within ten years of the malpractice occurring.
Because exceptions and special rules may apply, waiting to investigate a possible claim can create unnecessary problems. Medical records and other evidence should be gathered as early as possible.
Contact a Galveston Medical Malpractice Lawyer at The Law Firm of Alton C. Todd Personal Injury Lawyers for Help
There is no single settlement amount that can show what a medical malpractice claim is worth. The nature of the injury, financial losses, available evidence, and Texas damage rules all play a role in determining the potential value of a case.
For more information, contact an experienced Galveston medical malpractice lawyer at The Law Firm of Alton C. Todd Personal Injury Lawyers to schedule a free consultation today.
Contact the Texas Medical Malpractice Lawyers of The Law Firm of Alton C. Todd Personal Injury Lawyers for help today
Please contact an experienced medical malpractice lawyer at The Law Firm of Alton C. Todd Personal Injury Lawyers to get a free initial consultation today. We have offices in Friendswood and Galveston, Texas:
The Law Firm of Alton C. Todd Personal Injury Lawyers – Galveston Office
2101 Mechanic St. Suite 253
Galveston, TX 77550
(409) 207-9299
The Law Firm of Alton C. Todd Personal Injury Lawyers – Friendswood Office
312 S. Friendswood Dr.
Friendswood, TX 77546
281-992-8633
