Medical malpractice in Texas
Civil Practice and Remedies Code Chapter 74
Texas health care liability claims follow Civil Practice and Remedies Code Chapter 74. Noneconomic damages have firm dollar caps. Wrongful death and survival claims also face a separate, inflation-adjusted overall limit.
Last reviewed September 22, 2026
- Noneconomic cap
- $250,000
- Wrongful death overall
- Indexed
- Usual filing window
- 2 years
Per claimant against physicians and other providers
Inflation-adjusted limit under section 74.303. Care expenses are excluded.
From the care, with a 10-year outer limit
Damage caps
Noneconomic damages are generally limited to $250,000 per claimant against physicians and other providers, and to $250,000 against a single health care institution. If more than one institution is sued, the institution limit is $250,000 each and $500,000 combined. Wrongful death and survival judgments also face an inflation-adjusted overall cap under section 74.303. Necessary medical, hospital, and custodial care expenses are excluded from that overall cap.
Not capped
Economic damages
Section 74.301 limits noneconomic damages. It does not cap ordinary economic losses, such as medical bills and lost wages, in an injury claim.
Capped
Noneconomic damages
Noneconomic damages are generally limited to $250,000 per claimant against physicians and health care providers other than institutions. That limit does not rise because the claimant sues more than one of those defendants.
Against one health care institution, the noneconomic limit is $250,000. If the claimant sues more than one institution, the limit is $250,000 for each institution and $500,000 for all institutions combined. Wrongful death and survival claims have another limit under section 74.303. It covers all damages, including exemplary damages, except necessary medical, hospital, and custodial care expenses. The statute starts from a $500,000 base tied to August 29, 1977, then adjusts that base with the Consumer Price Index. The adjusted amount depends on the date of the judgment or settlement. This page does not state a single current dollar figure for that adjustment.
The $250,000 provider limit is per claimant, no matter how many physicians or other non-institution providers are defendants. Institution limits are separate and have a $500,000 combined ceiling.
Punitive damages
Exemplary damages in a wrongful death or survival health care liability claim are included in the section 74.303 overall limit. Necessary medical, hospital, and custodial care expenses stay outside that limit.
Filing deadlines
Most claims must be filed within two years. A 10-year statute of repose is an outer limit, even if the injury is found later. Proper notice at least 60 days before suit can pause the deadline for 75 days.
- General rule
File within two years from the breach or other tort, or from the date the relevant treatment or hospitalization is completed.
- Minors
A minor under 12 generally has until their 14th birthday.
- Outer limit
The claim must be brought no later than 10 years after the act or omission. That statute of repose is an outer limit.
- Expert report
A health care liability suit also needs an early expert report under Chapter 74. That step is procedural. It is not a damage cap.
- Notice before suit
The claimant must give written notice by certified mail, with the required medical authorization, at least 60 days before filing suit.
Proper notice pauses the filing deadline for 75 days.
What cases often look like
These notes describe public legal patterns. They are not case counts, win rates, or rankings.
The 2003 reform package still shapes the case
House Bill 4 and Chapter 74 are the defining pattern: noneconomic caps, notice before suit, an expert-report gate, and a short filing window.
Caps change settlement leverage
Public commentary often discusses how the caps affect settlement talks in catastrophic injury and wrongful death cases. That is context. It is not a win rate or a count of cases.
Payout context
Payment amounts vary by year, injury, and setting. This page does not state an average payout, a median, or a case count. To predict the payout for a Texas case, use MedMalPredict AI - Medical Malpractice Outcome Prediction.
Sources
Official statute and agency pages checked September 22, 2026. First research pass on September 22, 2026. This summary still needs legal review before it is treated as legal advice. Section 74.303 uses a Consumer Price Index adjustment. This page does not state a single current dollar figure for that overall cap.
- Tex. Civ. Prac. & Rem. Code Chapter 74 (opens in a new tab)Accessed September 22, 2026
- Tex. Civ. Prac. & Rem. Code § 74.301 (opens in a new tab)Accessed September 22, 2026
- Tex. Civ. Prac. & Rem. Code § 74.303 (opens in a new tab)Accessed September 22, 2026
- Tex. Civ. Prac. & Rem. Code § 74.251 (opens in a new tab)Accessed September 22, 2026
- Tex. Civ. Prac. & Rem. Code § 74.051 (opens in a new tab)Accessed September 22, 2026
Review a case with MedMalPredict
Use MedMalPredict to organize records and timelines. Speak with a Texas attorney about how Chapter 74 caps and deadlines apply to your facts.