What Medical Malpractice Damages Can Be Recovered?

Medical Malpractice Damages are Limited by Law

In Texas, your medical malpractice damages have been limited by the Medical Malpractice and Tort Reform Act of 2003. This Act placed a cap on the amount of non-economic damages a medical malpractice victim can recover. Unlike other personal injury lawsuits, such as car accidents or Slip and Falls, which do not limit the amount of non-economic damages you can recover, Texas has set a cap for medical malpractice non-economic damages at $250,000. This means that in a medical malpractice lawsuit against a doctor, your non-economic damages will be capped at a maximum of $250,000. It should be noted that this cap has no impact on the amount of economic damages a medical malpractice victim can recover.

What are Non-economic Damages?

Non-economic damages are present in every personal injury lawsuit and can that are difficult to place a monetary value on. These medical malpractice damages are capped at $250,000. Non-economic damages include:

  • Pain and Suffering
  • Emotional Anguish
  • Loss of Enjoyment of Activities

What are Economic Damages?

Economic damages are damages that a monetary value can be determined. There is no limit for the amount of economic damages a medical malpractice victim can recover. Economic damages include:

  • Hospitalization Costs
  • Surgical Costs
  • Rehabilitation Costs
  • Medication Costs
  • Lost Wages
  • Lost Benefits
  • Lost Earning Capacity
  • Funeral or Burial Costs in the Case of Death

Contact Stolmeier Law

It is important to find the best law firm to represent you in your medical malpractice claim. Stolmeier Law has over 35 years of experience serving medical malpractice and other personal injury victims in San Antonio and South Texas. We have the knowledge and experience to maximize your compensation. So if you or a loved one suffered life changing injuries from medical malpractice, contact Stolmeier Law.