Pain & Suffering: Medical Malpractice vs. Ordinary Injury

By the FigureMyTax Editorial Team · How we calculate

The cap, the clock and the paperwork all differ.

The cap

Malpractice noneconomic damages are limited by CPRC 74.301; ordinary injury claims have no such limit.

The clock

Ordinary personal injury suits must be brought within two years after the cause of action accrues. A health care liability claim must be filed within two years from the breach, tort or completion of treatment, with a ten-year statute of repose and extra time for young children.

Pre-suit notice

You must give written notice by certified mail to each physician or provider at least 60 days before filing, accompanied by an authorization form for release of health information.

Expert report

A claimant must serve one or more expert reports, with each expert's curriculum vitae, no later than 120 days after each defendant's original answer. Defendants may object to its sufficiency within 21 days.

Settlements

In a health care liability claim, the court reduces the recovery by an amount tied to settlements with others, as elected by the defendant under the statute.

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how Texas's rules apply to your specific case with a licensed Texas attorney.