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Texas Medical Malpractice Insurance: Costs, Statute of Limitations, Requirements & Quotes

Texas Medical Malpractice Laws 

Every state, including Texas, has deadlines- or statute of limitations - for filing medical malpractice lawsuits. The statute of limitations in Texas is two years. The two-year clock begins ticking on the date the injury was or could reasonably have been discovered, not necessarily when the event happened—or on the final day of continuous treatment.

Before a patient is allowed to file a medical malpractice lawsuit in Texas, Texas Civil Practice & Remedies Code section 74.051 requires that the prospective plaintiff provide written notice of the claim to each health care provider to be named in the lawsuit. This needs to happen at least 60 days before the case is filed, and is typically done through an attorney.

Patients in Texas are also required to provide an expert report on each defendant within 120 days of filing the lawsuit. The expert report must include a description of the failure to meet the standard of care and the failure of care relates to the overall harm to the patient.

In wrongful death cases due to medical malpractice, Texas law caps both economic and noneconomic damages. At the time the statute was written, there was a $500,000 cap for compensatory damages in cases of wrongful death due to negligence. However, the statute did allow for limit increases based on inflation. Currently, the compensatory damage limit for a wrongful death claim is approximately $1,600,000.

 

Medical Malpractice in Texas: Facts and Statistics

  • In 2016, Texas had 77,894 licensed physicians within a population of 27,862,596 residents, equaling 280 physicians for every 100,000 people.
  • In 2015, medical malpractice suits were 25.4 per 100,000 residents, with a total payout of $75.9 million. This represents a 23.74% decrease from 2014.
  • In 2015, Texas ranked 17th in medical malpractice lawsuits.
  • The most common three types of medicine practiced as of 2012 were family medicine/general practice, internal medicine, and anesthesiology.
Costs, Requirements, and Limitations:


  • Industry Average Cost in Texas for Medical Malpractice Insurance: $6,478
  • Is Medical Malpractice Insurance Required in Texas? No, but it's strongly recommended to protect assets.
  • Texas Minimum Medical Malpractice Insurnace Carrying Requirements: None
  • At what rate do doctors get sued in Texas? 25.4 per 100,000 people
  • What are the medical malpractice damage caps in Texas? The noneconomic damage cap is $250,000, or $500,000 if against more than one party.
  • What is the “statute of limitations” for a medical malpractice complaint in Texas?  2 years, Texas Civil Practice and Rem. Code section 74.251

 

 

Texas Medical Malpractice insurance costs, limitations, requirements, and quotes
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