Texas Medical Liability Act (CPRC Chapter 74): 60-Day Notice, 120-Day Expert Reports & Damage Caps
Summary of the Texas Rule (Tex. Civ. Prac. & Rem. Code §§ 74.001–74.507)
Comprehensive statutory scheme governing all health care liability claims against Texas physicians, hospitals, nurses, and nursing homes.
Statutory Text Summary & Legal Mechanics
Key provisions include: §§ 74.051–74.052 (60-day pre-suit written notice and HIPAA authorization yielding 75-day tolling); § 74.153 ('willful and wanton negligence' required for emergency medical care in a hospital ER); § 74.251 (strict 2-year statute of limitations from occurrence/treatment completion and absolute 10-year statute of repose); § 74.301 ($250,000 physician non-economic cap + up to $500,000 institutional non-economic cap); § 74.303 (CPI-adjusted wrongful death total cap); and § 74.351 (mandatory expert report within 120 days of each defendant's original answer).
Practical Impact on Texas Personal Injury Claims & Jury Trials
Chapter 74's 120-day expert report deadline (§ 74.351) is a jurisdictional-style minefield: if no report is served within 120 days of the defendant's answer, the trial court has zero discretion and must dismiss the suit with prejudice and award reasonable attorney's fees and costs to the healthcare provider.
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 Content May Be Inaccurate or Outdated: Although articles reference the Texas Civil Practice and Remedies Code (CPRC), Texas Transportation Code, Texas Insurance Code, Texas Labor Code, Texas Rules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 Information on this website may be incomplete, inaccurate, or superseded by subsequent statutory amendments or judicial opinions.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.
- 6. Independent Reference Portal — Not a Law Firm: Texas Injury Law Reference is an independent legal education publication. We are not a law firm, do not practice law, do not solicit clients, and do not operate as an attorney referral service.