Texas Malpractice Enviroment: Are economic damages capped?

[DrCommonSense]

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Does anyone know if economic damages are capped for malpractice in Texas?

I haven't looked into the economic limits in Texas despite my concerns about malpractice awards. I know Texas is a good state to practice but don't know if economic costs are unlimited

Any info would help from my Texas peeps

 

[DrCommonSense]

Does anyone know if economic damages are capped for malpractice in Texas?

I haven't looked into the economic limits in Texas despite my concerns about malpractice awards. I know Texas is a good state to practice but don't know if economic costs are unlimited

Any info would help from my Texas peeps

Am I the only person who works in Texas around here?

 

[deleted87051]

It doesn't appear so.

Texas's Cap for Medical Malpractice Damages | LegalMatch Law Library

In California where we have similar caps for noneconomic damages, there have been 8 figure awards for economic damages when the injured party was a high earner or had ongoing needs for care.

 

[DrCommonSense]

It doesn't appear so.

Texas's Cap for Medical Malpractice Damages | LegalMatch Law Library

In California where we have similar caps for noneconomic damages, there have been 8 figure awards for economic damages when the injured party was a high earner or had ongoing needs for care.

Do they often settle when someone is hit with a 10 figure lawsuit if they have exposed assets outside of homestead or 401K? I can never get info on this either

 

[deleted87051]

Do they often settle when someone is hit with a 10 figure lawsuit if they have exposed assets outside of homestead or 401K? I can never get info on this either

No clue. Maybe ask in a law forum.

 

[Ignatius J]

Only non-economic damages are to my understanding.

 

[DrCommonSense]

No clue. Maybe ask in a law forum.

Keep hearing they will "settle for insurance" but I can never find information about that. Multiple lawyers I have spoken to that are "experts" on this issue can't confirm that they will "settle". Most docs dont know this stuff with Texas considered a great malpractice state. Most docs around these parts think malpractice is risk minimal.

 

[deleted87051]

Keep hearing they will "settle for insurance" but I can never find information about that. Multiple lawyers I have spoken to that are "experts" on this issue can't confirm that they will "settle". Most docs dont know this stuff with Texas considered a great malpractice state. Most docs around these parts think malpractice is risk minimal.

At least in one of the 8 figure cases, the main defendant was the University of California, obviously very deep pockets. That case went to trial and there was a large jury award.

 

[DrCommonSense]

At least in one of the 8 figure cases, the main defendant was the University of California, obviously very deep pockets. That case went to trial and there was a large jury award.

Yeah but when you read these cases they assign levels of blame to each party. So the physician gets 20%, hospital gets 50%, etc.

Even if you get 20% of 20 million, that is 4 million with only 1/3 insurance, who covers the other 3 million? Do the lawyers just walk away and say "1 million is enough for me" even though they have a judgement and can go after another 3? Hard to believe

 

[jwk]

Yeah but when you read these cases they assign levels of blame to each party. So the physician gets 20%, hospital gets 50%, etc.

Even if you get 20% of 20 million, that is 4 million with only 1/3 insurance, who covers the other 3 million? Do the lawyers just walk away and say "1 million is enough for me" even though they have a judgement and can go after another 3? Hard to believe

Most states that have some sort of tort reform have caps on non-economic damages only. That's generally the "punitive damages" portion of the award. Economic damages - actual damages - are not capped because there is no way to know damages in some cases - the cost of care for the nightmare "persistent vegetative state" for years on end would be the prime example. And it depends on the individual. An hourly worker at a local restaurant and a higher-up executive, physician, or attorney, will have drastically different actual damages from lost wages,etc. Also - it depends on the state whether their laws have provisos regarding joint and several liability. In some states, it doesn't matter what the apportionment is among defendants - all are liable for the whole amount if others can't/don't pay, which is why joint and several liability is a key provision in tort reform.