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Statute of Limitations

Actions must commence within two years of the act or omission giving rise to the injury

Comparative or contributory negligence

modified comparative negligence, claimant's action is barred only if his contributory fault is more than 50 percent of the proximate cause of the injury or damage for which recovery is sought.

Nature of accused's liability

Texas has abolised joint liability for defendants found to be less than 51% at fault.

Law of contribution

Joint defendants have a right of contribution, as in other tort cases, based on the tortfeasors' proportion of responsibility

Expert testimony standards

A medical expert must be a licensed physician practising medicine and/or has knowledge of the standards of practice relevant to the claims against the defendant

Limits on compensation

Noon-economic damages for all doctors and health care practitioners limited to $250,000. Total liability for any one health care facility may not exceed $250,000, and total liability for all defendant health care facilities may not exceed $500,000. Thus damages are capped at $750,000

Limits on attorney fees

none

Collateral Source rule enforced

Under the collateral source rule, a defendant may not seek to reduce its liability by submitting evidence that the plaintiff has received compensation from other sources.

State and local health care providers immune from liabaility

Texas has waived its immunity to a certain extent

Select Your State

Select Your State

Select Your State Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware District of Columbia Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington State West Virginia Wisconsin Wyoming

Medical malpractice law varies from state to state, the key areas of difference are as follows

• Statute of limitations
• The law of comparative or contributory negligence
• The nature of the accused's liability
• Law of contribution
• Standards for expert testimony
• Limitations on compensation
• Limitiations on attorney fees
• Whether collateral source law is in effect
• Are state health care providers immune from liability