Texas Medical Malpractice Law: CPRC Chapter 74 Expert Reports (§ 74.351) & Damage Caps (§ 74.301)
Governing Texas Statutes & Controlling Appellate Precedent
Tex. Civ. Prac. & Rem. Code § 74.301 (Non-Economic Damage Caps — $250,000 to $500,000) Tex. Civ. Prac. & Rem. Code § 74.303 (Wrongful Death Total Cap Adjusted for CPI Inflation) Tex. Civ. Prac. & Rem. Code § 74.351 (120-Day Threshold Expert Report Requirement) Tex. Civ. Prac. & Rem. Code § 74.153 (Willful and Wanton Negligence Standard for Emergency Medical Care)
Leading Texas Supreme Court & Appellate Decisions:
- Scoresby v. Santillan, 346 S.W.3d 546 (Tex. 2011) (30-Day Cure Period Standard for § 74.351 Reports)
- Baylor University Medical Center v.orean / Glenn v. Leal, 596 S.W.3d 769 (Tex. 2020) (ER Willful & Wanton Standard)
- Methodist Healthcare System of San Antonio, Ltd. v. Rankin, 307 S.W.3d 283 (Tex. 2010) (10-Year Statute of Repose)
Overview of Texas Law & Liability Framework
Enacted through 2003's House Bill 4 and Proposition 12, Texas Civil Practice and Remedies Code Chapter 74 (the Texas Medical Liability Act) imposes some of the strictest procedural barriers and non-economic damage caps in the United States on health care liability claims.
Key Texas Statutory Rules & Liability Standards
- Strict Non-Economic Damage Caps (CPRC § 74.301): In any Texas medical malpractice suit, non-economic damages (pain, suffering, mental anguish, disfigurement, physical impairment) are capped at $250,000 in total against all physicians and individual health care providers, PLUS up to $250,000 per hospital/health care institution (not to exceed $500,000 across multiple institutions), creating an absolute ceiling of $750,000 in non-economic damages. Economic damages (medical bills and lost earning capacity) are NOT capped in non-fatal injury cases!
- Inflation-Adjusted Total Cap in Wrongful Death Cases (§ 74.303): When medical malpractice results in death, § 74.303 caps ALL damages (both economic and non-economic combined, other than past medical expenses) at $500,000 in 1977 dollars adjusted for the Consumer Price Index—which equals approximately $2.6+ million in 2026.
- Mandatory 120-Day Curriculum Vitae & Expert Report (§ 74.351): Within 120 days after each defendant files its original answer, the plaintiff MUST serve a written expert report and CV from a qualified actively practicing physician (§ 74.401) detailing the standard of care, breach, and causation. Failure to timely serve a report mandates dismissal with prejudice and an award of the defendant's attorney's fees!
- Heightened 'Willful and Wanton' Standard for Hospital Emergency Rooms (§ 74.153): For claims arising out of emergency medical care in a hospital ER, obstetrical unit, or surgical suite immediately following ER evaluation, the plaintiff must prove by a preponderance of the evidence that the provider deviated from the standard of care with 'willful and wanton negligence' (equivalent to gross negligence).
Texas Court Procedure, Crash Reporting & Evidentiary Deadlines
Before filing suit, CPRC §§ 74.051–74.052 require serving written notice of health care claim accompanied by a statutory HIPAA medical authorization form at least 60 days prior to filing, which tolls the 2-year statute of limitations (§ 74.251) for 75 days across all parties.
Compensatory & Exemplary Damages Available Under Texas Law
Uncapped economic damages (life-care plan medical costs under § 41.0105 and lost earning capacity under § 18.091) in non-fatal cases, plus capped non-economic damages ($250k–$750k under § 74.301), or CPI-adjusted wrongful death damages under § 74.303.
Mandatory 6-Point Texas Legal Disclaimer & Notice
- 1. Not Legal Advice: This website provides general educational and statutory reference information strictly scoped to Texas personal injury law, Texas courts, and Texas statutes. Nothing on this site constitutes legal advice, a legal opinion, or counseling on any specific set of facts.
- 2. No Attorney-Client Relationship: Viewing this website, reading any statutory or procedural guide, or using any interactive calculator, checklist, or reference tool does not create an attorney-client relationship between you and this publisher or any contributor.
- 3. Content May Be Inaccurate or Outdated: Although articles reference the Texas Civil Practice and Remedies Code (CPRC), Texas Transportation Code, Texas Insurance Code, Texas Labor Code, Texas Rules of Civil Procedure (TRCP), and published decisions of the Supreme Court of Texas and the 15 Texas Courts of Appeals, legislation and appellate holdings change continually. Information on this website may be incomplete, inaccurate, or superseded by subsequent statutory amendments or judicial opinions.
- 4. Verify With a Licensed Texas Attorney: Deadlines under Tex. Civ. Prac. & Rem. Code § 16.003, municipal charter notice windows under § 101.101, and comparative fault bars under Chapter 33 are strictly enforced. Always verify your legal rights, filing deadlines, and jurisdictional rules directly with an attorney licensed and in good standing with the State Bar of Texas.
- 5. No Guarantee of Results: Statutory damage cap formulas, proportionate responsibility illustrations, and medical bill adjustment examples are mathematical and educational illustrations only. They do not predict, warrant, or guarantee any specific verdict, settlement amount, or legal outcome in any Texas court.
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