Texas Medical Malpractice Case Value Calculator

The statute of limitations for this type of claim in Texas is 2 years — in line with the national average of 2.3 years. This is a standard timeframe, but acting sooner preserves evidence and strengthens your position.

Texas caps non-economic damages (pain and suffering, emotional distress, loss of enjoyment of life) at $250,000 for this type of case. This means that regardless of the severity of your non-economic losses, the maximum you can receive for those damages is $250,000. Punitive damages in Texas are capped at the lesser of 2 times economic damages plus $750,000 in non-economic damages, or $750,000. Punitive damages are capped at $750,000 in most cases, with adjustments for economic damages.

Before filing a medical malpractice lawsuit in Texas, you must satisfy 2 pre-suit requirements: an expert affidavit or certificate of merit establishing that a qualified medical professional has reviewed the case and believes the standard of care was breached and formal written notice to the healthcare provider before filing, giving them an opportunity to respond or settle. These combined requirements add time and cost to the early stages of a case and can result in dismissal if not followed correctly. Working with an experienced medical malpractice attorney from the outset is essential.

Texas imposes a 10-year statute of repose on medical malpractice claims. Unlike the statute of limitations, which can be extended by the discovery rule, the statute of repose creates an absolute outer deadline: no medical malpractice lawsuit can be filed more than 10 years after the date of the treatment, regardless of when the injury was discovered.