Ten years ago, Texas passed tort reform, which capped damages in medical malpractice suits, as reported by the Houston Chronicle on September 1, 2013. Specifically, damages for pain and suffering, or non-economic damages, were limited to a maximum of $250,000.00 in recovery.
When bringing forth a medical malpractice claim, two types of damages are allowed, economic and non-economic damages. Economic damages include things like lost wages, medical supplies, home modifications, and medical bills. Non-economic damages address pain and suffering.
For example, if a doctor or hospital’s negligence caused an injury requiring a permanent colostomy bag, the patient could recover lost wages, medical supplies and medical bills, but the amount a patient could recover for the pain and suffering involved with having a permanent colostomy is limited.
Recovery against some facilities, specifically those that are state or county run, is also capped. Additionally, there are only certain situations when a patient can sue such a facility.
Medical malpractice is a difficult area of law as it requires an understanding of both the legal practice and the mechanics of medicine. Abraham Watkins offers a free consultation to anyone wishing to pursue such claims.