Texas Medical Malpractice Laws

No medical malpractice claim may be filed more than 10 years after the date of the negligent act, regardless of when the injury was discovered. This is an absolute outer limit.

For children under 12 at the time of the negligent act, the statute is extended until the child's 14th birthday.

If a healthcare provider fraudulently concealed the negligent act, or if a foreign object was left in the body, the discovery rule may apply, though still subject to the 10-year outer limit.

Non-economic damages (pain, suffering, mental anguish) against individual healthcare providers are capped at $250,000 per claimant.

Non-economic damages against healthcare institutions (hospitals, clinics) are capped at $250,000 per institution, with a total cap of $500,000 across all institutions. Combined with one individual provider, the maximum non-economic recovery is $750,000.

There is no cap on economic damages (medical bills, lost wages, future care costs) in medical malpractice cases.

Within 120 days of filing suit, the plaintiff must serve an expert report on each defendant. The report must provide a fair summary of the expert's opinions on the standard of care, breach, and causation. Failure to timely serve the report results in dismissal with prejudice.

At least 60 days before filing, the claimant must give written notice to each healthcare provider against whom a claim is being made. The statute of limitations is tolled for 75 days during this notice period.

Texas's comprehensive medical liability reform law, enacted in 2003 (HB 4), governs all healthcare liability claims including damage caps, expert report requirements, pre-suit notice, and limitations periods.

Healthcare providers must disclose the risks and hazards of proposed treatment. The Texas Medical Disclosure Panel establishes lists of procedures that do and do not require disclosure, which creates a rebuttable presumption regarding consent.