Medical Malpractice Cases
Compensation, or damages, in a Texas medical malpractice case are categorized as economic damages paid for actual monetary losses, and noneconomic damages awarded for the plaintiff’s pain and suffering.
Economic damages include money for:
- Medical bills up to the point of the claim and as projected for future medical needs
- Lost income, including future loss of earnings due to lost earning capacity or ongoing inability to work.
Noneconomic damages include money for:
- Physical pain
- Physical suffering
- Mental pain
- Loss of consortium
- Physical impairment
- Loss of companionship
- Injury to reputation
- All other nonmonetary losses of any form.
In some cases, a jury can award exemplary damages, punitive damages, if the defendant acted with fraud, malice or gross negligence. Some amount will also be added for exemplary damages if any demands are made during negotiations.
Statute Of Limitations
on Medical Malpractice cases
Medical malpractice cases are complex. Texas law makes them even more time-consuming than they are in other states. Generally, Texas imposes a two-year statute of limitations on most claims.