Texas Medical Malpractice Settlement Calculator
Estimate TX medical malpractice settlement — CPRC Chapter 74 $250K/$750K hard caps, 2-year SOL + 10-year repose, §74.351 120-day expert report requirement
Last reviewed: April 2026
⚠ TX Med Mal: HARD CAPS $250K per provider combined + $250K per institution (max $750K total). Never inflation-adjusted since 2003. §74.351 expert report = #1 case-killer.
Your Injury
Your Estimated Settlement
$36,000 — $66,000
How Your Estimate Compares
Based on 529,804 medical malpractice payments reported to the National Practitioner Data Bank (2000–2025):
Based on 459,526 real payments, similar cases in CA settle between $14K – $55K.
Average
$141K
Median
$28K
Cases
53,535
Source: NPDB analysis. Malpractice cases only. Payments are range-coded; midpoints used for calculations.
Editorially Reviewed — Content reviewed for accuracy using published legal research, government data, and verified court records. See our methodology
Reviewed by Leonard Goldberg, Editor · Last updated
Texas Medical Malpractice — The Toughest US State
Texas Civil Practice & Remedies Code Chapter 74 (enacted 2003 as Prop 12 constitutional amendment) created one of the toughest med-mal environments for plaintiffs in the US. Non-economic damages are hard-capped, expert report requirements are extensive, and case volume has dropped dramatically since 2003.
Non-economic damage caps (§74.301): $250,000 per claimant against ALL individual physicians/providers combined + $250,000 per claimant per health care institution (max $500,000 across all institutional defendants). Maximum non-economic total: $750,000 (two or more institutional defendants). Economic damages UNCAPPED (TX Constitution). Caps are constitutionally protected via Prop 12 and are NOT indexed for inflation — the 2003 dollar values remain unchanged in 2026 (losing ~50% real-dollar value since enactment).
SOL (§74.251): 2 years from the later of the act/omission OR the last date of relevant treatment. Statute of repose: 10 years (absolute bar — unique among the five states; most states use 4-7 years). Pre-suit requirements (§74.051): written notice 60 days before filing, via certified mail, with HIPAA authorization for records release. Expert Report (§74.351): within 120 days of filing the petition, plaintiff must serve each defendant with a written expert report addressing standard of care + breach + causation. Inadequate/late = MANDATORY DISMISSAL with prejudice. This is the single biggest barrier to Texas med-mal cases.
Key TX Med-Mal Statutes (Chapter 74)
TX Chapter 74 creates tight procedural + substantive framework:
TX CPRC §74.301
Non-Economic Damage CapStandard: $250K per claimant × all physicians combined + $250K per institution (max $750K total)
Scope: Constitutionally protected (Prop 12, 2003). NOT indexed — 2003 dollar value lost ~50% purchasing power by 2026.
Economic damages UNCAPPED
TX CPRC §74.251
SOL + ReposeStandard: 2 years from act OR last relevant treatment
Scope: 10-year statute of repose (absolute bar — unique among 5 states)
TX CPRC §74.351
Expert Report RequirementStandard: Written expert report within 120 days of filing
Scope: Must address standard of care + breach + causation. Inadequate/late = MANDATORY DISMISSAL with prejudice.
Single biggest barrier to TX med-mal cases
TX CPRC §74.051
Pre-Suit NoticeStandard: 60 days written notice + HIPAA authorization
Scope: Extends SOL 75 days
TX CPRC §74.504
Collateral Source ModifiedStandard: Defendants may introduce collateral source evidence; court reduces judgment
Recovery Structure Under Chapter 74
Economic damages (past + future medical expenses, lost income, future care): UNCAPPED under Texas Constitution. Non-economic: hard caps: $250K per claimant × all physicians combined + $250K per institution (max $500K across multiple institutions) = max $750K total. Punitive damages: capped at greater of $200K OR 2× economic + non-econ up to $750K total (CPRC §41.008). Collateral source modified (§74.504): defendants introduce insurance payments + court reduces judgment. Attorney fees: standard contingency, not statutorily capped. Effective attorney fee on non-econ portion constrained by $250K cap.
§74.351 Expert Report — The Case-Killer
§74.351 Expert Report (CRITICAL): within 120 days of filing petition, plaintiff must serve each defendant with a written expert report that: (1) identifies applicable standard of care, (2) states how standard was breached, (3) establishes causal link to injury. If report is inadequate or late, court MUST dismiss with prejudice. Single biggest case-killer in TX. Rigorous — expert must be practicing in relevant specialty, report must address each defendant specifically, medical opinions must be precise. Consult med-mal attorney months before filing to line up qualified experts.
Hard Caps + 10-Year Repose
Non-economic cap structure: $250K per claimant × all physicians combined + $250K per claimant per institution, max $500K across all institutions = $750K absolute maximum non-economic recovery. Never inflation-adjusted since 2003 — 2024 purchasing power ~50% of 2003. Economic damages UNCAPPED — future medical care, lost income, future care drive high-value cases. Punitive damages capped at $200K OR 2× compensatory up to $750K (CPRC §41.008). 10-year statute of repose — absolute bar regardless of discovery. Most restrictive med-mal state in US alongside CA MICRA.
TX Med-Mal Verdicts + Averages
TX verdicts constrained by $250K non-econ cap + expert report requirement:
| Amount | Year | Case / Injury |
|---|---|---|
| $5M | — | — Catastrophic with large future care (economic damages dominate) |
| $1M | — | — Severe with substantial economic damages |
| $750K | — | |
| $260K | — | |
| $221K | — |
Texas Medical Malpractice FAQs
What are the Texas medical malpractice damage caps?
Non-economic damage caps under CPRC §74.301: $250,000 per claimant against ALL individual physicians combined + $250,000 per claimant per health care institution (max $500,000 across all institutions) = $750,000 absolute maximum non-economic. Constitutionally protected via Prop 12 (2003). Not inflation-adjusted — 2024 purchasing power ~50% of 2003 dollars. Economic damages (medical bills, lost wages, future care) are UNCAPPED — drives high-value cases.
What is the §74.351 expert report requirement?
Within 120 days of filing the petition, plaintiff must serve each defendant with a written expert report addressing: (1) applicable standard of care, (2) how standard was breached, (3) causal link to injury. If inadequate or late: MANDATORY DISMISSAL with prejudice. This is the #1 case-killer in Texas med-mal. Expert must be practicing in relevant specialty. Start expert consultation months BEFORE filing to ensure compliance.
What is the Texas med-mal SOL?
2 years from later of act/omission OR last date of relevant treatment (§74.251). 10-year statute of repose — absolute bar regardless of discovery (unique among 5 states). Pre-suit requirements (§74.051): 60-day written notice + HIPAA authorization; extends SOL 75 days. Concealment of malpractice does NOT extend the 10-year repose in most circumstances.
Can I sue a Texas hospital if my doctor made a mistake?
Depends on physician-hospital relationship. Hospitals are typically NOT liable for negligent acts of independent-contractor physicians (most physicians are independent contractors, not employees). Hospital IS liable for: (1) its own employees (nurses, technicians), (2) vicarious liability for apparent agents (doctor holds out as hospital staff), (3) corporate negligence (failure to credential, supervise, or provide safe systems). $250K institutional cap applies. Naming hospital + doctor separately = $250K (all doctors) + $250K (hospital) = $500K potential.
What are typical Texas medical malpractice settlement values?
Constrained by $250K non-economic cap. Average payout: $221K-$260K (strongly constrained by cap). Typical settlement: $100K-$400K. Large economic-damages cases: $1M-$5M possible with substantial future care costs (uncapped). Catastrophic with substantial future care: $5M+. The $250K cap means non-economic-damages-heavy cases have low economic viability for plaintiff attorneys. Consider pursuing alternative theories (Elder Abuse, intentional tort) when facts support to avoid Chapter 74.
Pending TX Med-Mal Issues
Active legal developments (as of April 2026):
- $250K cap (2003) not inflation-adjusted — real-dollar value halved by 2026. Legislative efforts to raise/index repeatedly failed.
- Expert report §74.351 requirement is single biggest case-killer in TX med-mal.
- 10-year statute of repose is hardest absolute bar among 5 states — no discovery exception.
Informational only — consult a licensed attorney for case-specific advice.
Primary Sources
- statutes.capitol.texas.gov/Docs/CP/htm/CP.74.htm
- law.justia.com/codes/texas/civil-practice-and-remedies-code/title-4/chapter-74/subchapter-h/section-74-351
- www.tavrn.ai/blog/texas-medical-malpractice-cap
- weycerlawfirm.com/blog/caps-on-damages-in-texas-medical-malpractice-cases
Other State Medical Malpractice Calculators
New York
NO caps, 2.5-yr SOL, Lavern's Law cancer exception, $595M 2024 (highest US)
California
MICRA 2026: $470K/$650K caps phasing to $750K/$1M by 2033
Florida
NO caps post-Estate of McCall 2014, §766.106 pre-suit + expert affidavit
Illinois
NO caps post-Lebron 2010, §5/2-622 expert affidavit at filing, Cook County
Pennsylvania
NO caps (constitutional bar Art. III §18), MCARE Act, 2-yr SOL
Ohio
$250K/$500K caps (R.C. §2323.43), 1-yr SOL, affidavit of merit
New Jersey
NO general cap, $350K punitive cap, Affidavit of Merit Statute
Michigan
$521K/$929K caps (MCL §600.1483), 6-mo notice + 182-day pre-suit
Washington
NO caps (Sofie 1989), 3-yr SOL, certificate of merit RCW §7.70.150
Georgia
NO non-economic cap (Nestlehutt 2010), $250K punitive cap, 2-yr SOL + 5-yr repose, OCGA §9-11-9.1 affidavit required
North Carolina
$712,847 cap (CPI-indexed), PURE CONTRIBUTORY (any fault = $0), 3-yr SOL + 4-yr repose, Rule 9(j) certification
Arizona
NO cap (Constitution Art. 2 §31), 2-yr SOL no repose, pure comparative negligence, Banner $31.5M 2024
Massachusetts
$500K cap (NOT inflation-indexed, jury-lifted exceptions), Tribunal §60B, 3-yr SOL + 7-yr repose, modified comparative 51%
Virginia
$2.70M TOTAL cap (combined econ+non-econ), PURE CONTRIBUTORY (any fault = $0), 2-yr SOL + 10-yr repose, §8.01-20.1 certification
Colorado
$530K cap (2026, rising to $875K by 2029 under HB24-1472), Banner Health v. Gresser 2025 = $39.8M cap-exceedance, 2-yr SOL + 3-yr repose, modified comparative 50%
Maryland
$920K cap (2026, +$15K/yr fixed from 2009 $650K base), MANDATORY HCADRO pre-suit arbitration, 3-yr SOL or 5-yr repose (earlier of), Certificate of Qualified Expert §3-2A-04(b)
Missouri
Dual cap $481K non-cat / $842K cat (2026, +1.7%/yr). Original cap struck Watts 2012, reinstated 2015 as statutory cause. 2-yr STRICT occurrence (no discovery rule). Pure comparative fault.
Minnesota
NO cap. SOL just cut 4→2 years (Aug 2025, SF3489). Mandatory 2-affidavit expert system §145.682. Modified comparative 50%. Thapa $111M (2022) largest MN history, reduced to $11.25M.
Indiana
$1.8M TOTAL cap (provider $500K + PCF $1.3M). PURE CONTRIBUTORY for qualified providers (any fault = $0). Mandatory 3-doctor review panel pre-suit. 2-yr strict occurrence (no discovery rule).
Main Medical Malpractice Calculator
Nationwide med-mal overview
Other Calculators for Texas
Each Texas calculator reflects state-specific laws (caps, statutes of limitations, comparative-negligence rules) and uses Texas verdict data where available.