Link to State Law: Texas Constitution and Statutes
The following information is meant to be a guide. It is believed to be accurate at the time of authorship but may not reflect the most current data due to changes in the law. If you require legal assistance or guidance with regard to Texas state law, contact an experienced attorney.
Statute of Limitations: The statute of limitations in Texas requires that most medical malpractice claims be filed within two years of the act or omission giving rise to the injury, and none more than ten years after that date. If the medical malpractice injury affects a minor under the age of twelve, the suit must be filed by the date of the minor's fourteenth birthday.
Minimum Qualifications of Expert Witnesses: In order to testify in a medical malpractice case in Texas, an expert witness must be a licensed physician who is practicing medicine and/or has knowledge of the standards of practice relevant to the claims against the defendant.
Limitations on Monetary Damages: Under Texas law, noneconomic damages for all doctors and health care practitioners are limited to $250,000. Total liability for any one health care facility may not exceed $250,000, and total liability for all defendant health care facilities may not exceed $500,000. This creates an overall medical malpractice damages cap of $750,000.
Limitations on Attorney Fees: Texas law does not place limitations on attorney fees for medical malpractice case.