Health Justice Transformation - Texas

The Center for Health Transformation closely follows and monitors health justice transformation efforts in all 50 states. The information listed below provides state-specific measures which have been adopted in each of the states. In order to assist key decision-makers and local leaders, we have provided detailed information on seven transformational areas commonly addressed in health justice transformation and civil justice reform legislation.

Caps on Non-Economic (Pain and Suffering) Damages

$250,000 cap on non-economic damages for judgments against healthcare providers; additional $250,000 cap on non-economic damages for judgment against first healthcare institution; $250,000 cap on non-economic damages for judgment against subsequent healthcare institution.

Joint Liability for Multiple Defendants

Yes, Defendants are held responsible only for the portion of fault which is attributed to them.

Disclosure or Discoverability of Collateral Sources of Income or other Insurance Benefit

No

Provisions for the Periodic Payment of Damages Over Time Fees

Yes. Court must order payment of periodic damages if the present value of damages in case equals or exceeds $100,000.

Limitation of Plaintiff’s Attorneys Fees

No

Provisions for Mandatory or Voluntary Arbitration and/or Mediation Procedures

Not mandated by state law.

Standards for Expert Testimony/Witness

An expert witness must be a physician who is practicing medicine at the time such testimony is given or was practicing at the time the claim arose; has knowledge of accepted standards of care for the diagnosis, care or treatment of the illness, injury or condition involved in the claim; and is qualified on the basis of training or experience to offer an expert opinion regarding the accepted standard of medical care.