Limitations to Medical Malpractice Suits in Texas
When receiving care from a medical professional, there is an understanding that the utmost precaution will be used. If the doctor is not careful, the result can be injuries worse than the ailment itself, ones that can keep you from your job or cause you pain. But by filing a medical malpractice lawsuit, the doctor can be held financially responsible for their error. In medical malpractice claims, there are three kinds of damages which can be assessed. Special damages are economic in nature. These include lost wages, lost future wages and medical bills. Economic damages are quantifiable and not subject to interpretation. In Texas, they are also not subject to limitations or spending caps. There are other damages which are not as easy to put a monetary figure called general damages. Examples of this kind of damages include mental anguish, pain, and disfigurement. The state of Texas has set limitations depending on the defendant in the suit but sets a hard limit at $500,000 per claim which is not subject to inflation. Another example of subjective damages is punitive which are designed to punish the offender based on excessive or outrageous negligence. The monetary penalty is designed to stop mistakes from being made again. The formula limiting the compensation in Texas is either $200,000 or double the total of economic and non-economic damages up to $750,000. The deciding factor in medical malpractice claims is whichever amount is greater. Texas has also set an upward limit on damages in wrongful death suits against health care professionals. A survivor that is suing a provider may only be eligible for up to nearly two million dollars not counting hospital or custodial care. If you or a loved one have been injured due to the negligence of a health care provider, then you should see if you have a case against them. Contact an experienced personal injury in New Braunfels today.
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