InjuryClaimCalcCalculator

Medical Malpractice Settlements in Texas

If you have been involved in a medical malpractice in Texas, understanding how the state's personal injury laws affect your claim is essential. Texas follows the modified comparative fault (50% bar) system, and you have 2 years from the date of your injury to file a lawsuit.

Medical Malpractice Settlement Range in Texas

Nationally, medical malpractice settlements range from $50,000 to $1,000,000. In Texas, settlement values are influenced by the state's fault rules, damage caps, and local jury tendencies.

Low

$50,000

Estimated

$250,000

High

$1.0M

How Texas Law Affects Your Medical Malpractice Claim

Texas uses a modified comparative fault system with a 51% bar and caps non-economic damages in medical malpractice cases at $250,000 per defendant (capped at $500,000 total). General personal injury cases in Texas have no cap on non-economic damages. Texas has some of the most active plaintiff's attorneys in the nation, with Houston, Dallas, and San Antonio producing significant personal injury verdicts.

Under Texas's modified comparative fault (50% bar) system, your settlement may be affected if you share any responsibility for the accident. Your recovery will be reduced by your fault percentage, and you are barred from recovery if your fault reaches 50% or more.

Factors Affecting Medical Malpractice Claims in Texas

  • ✓Deviation from accepted standard of care
  • ✓Severity and permanence of resulting harm
  • ✓Expert witness testimony and credibility
  • ✓Causation between negligence and injury
  • ✓State damage caps on malpractice awards
  • ✓Patient's pre-existing conditions
  • ✓Future medical care requirements

Common Medical Malpractice Injuries

Birth injuries (cerebral palsy, Erb's palsy)Surgical complications and errorsMisdiagnosis leading to disease progressionAnesthesia errorsMedication overdose or wrong drug administeredHospital-acquired infectionsNerve damage from procedures

Relevant Texas Statutes

  • •Tex. Civ. Prac. & Rem. Code § 16.003 (statute of limitations)
  • •Tex. Civ. Prac. & Rem. Code § 33.001 (modified comparative fault, 51% bar)
  • •Tex. Civ. Prac. & Rem. Code § 74.301 (med mal non-economic cap)

Medical Malpractice Claims in Texas Cities

If your medical malpractice occurred in Houston, San Antonio, Dallas, Austin, Fort Worth, or anywhere else in Texas, the same state laws apply. Local court systems and jury pools can also influence settlement outcomes.

Calculate Your Claim →← Medical MalpracticeTexas Laws →

This information is for educational purposes only and is not legal advice. Consult a licensed personal injury attorney in your state.