DALLAS, TX, October 28, 2012 (Press-News.org) There is no national cap on damages sought in a medical malpractice lawsuit. Instead, each state sets its own caps limiting the amount of compensation a victim can receive following medical malpractice or negligence.
In the state of Texas, all medical malpractice lawsuits filed after September, 2003 are limited by the following caps:
- $250,000 from doctors and healthcare providers
- $250,000 from all hospitals and related institutions, not to exceed $500,000 combined
The exception to these caps is when a healthcare provider or institution engaged in criminal activity that resulted in patient injury. In these instances, damages are limited to the larger of 1) noneconomic damages up to $750,000 plus two-times economic damages, or 2) $200,000.
For a wrongful death suit resulting from medical malpractice, eligible family members are limited to $500,000 plus the cost of any necessary medical or custodial care.
You Need an Attorney
Cap or no cap, no medical malpractice lawsuit has ever been won without the help of an experienced and aggressive attorney. However, it is important to remember that even with an attorney, winning a medical malpractice lawsuit is never an easy proposition.
To win your case, your attorney will need to work with a team of medical experts who can identify malpractice. He or she will also need to work with area doctors who are not always willing to testify against their colleagues. To make matters harder, some medical malpractice insurance companies now refuse to insure doctors who testify in these cases, compounding their potential personal losses.
You need an attorney who has sufficient experience and a strong reputation for getting justice for victims of medical malpractice. Your attorney should know exactly what needs to be done to prove negligence and fight to get you the maximum compensation possible.
If you are looking for a medical malpractice lawyer in or around Dallas, Texas, please visit the website of Polewski and Associates for more information on how we can help at www.polewskilaw.com.
Medical Malpractice Damages Caps in Texas
There is no national cap on damages sought in a medical malpractice lawsuit. Instead, each state sets its own caps limiting the amount of compensation a victim can receive following medical malpractice or negligence.
2012-10-28
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[Press-News.org] Medical Malpractice Damages Caps in TexasThere is no national cap on damages sought in a medical malpractice lawsuit. Instead, each state sets its own caps limiting the amount of compensation a victim can receive following medical malpractice or negligence.