Texas Medical Malpractice Settlement Calculator
Estimate what a Texas medical malpractice claim might be worth. Texas caps non-economic (pain-and-suffering) damages at $250,000. Economic damages are not capped. This is an estimate to understand the factors — not a prediction or an offer.
A rough estimate, not a prediction or an offer.
Medical malpractice is one of the hardest claims to prove and value. This shows how Texas's damage cap and fault rule shape a rough range — actual outcomes depend on expert proof of the standard of care, the facts, and negotiation. Consult a Texas medical-malpractice attorney about your case.
Texas damage cap
Texas caps non-economic (pain-and-suffering) damages at $250,000. Economic damages are not capped.
Enter the medical bills and losses to see an estimated range
This estimator applies the multiplier method to your medical bills, then Texas's medical-malpractice damage cap and comparative-fault rule. It does not assess whether the provider actually breached the standard of care, which is the core of any med-mal case and requires expert testimony. Most states also require a pre-suit affidavit/certificate of merit and have a short, strict filing deadline. This is not legal advice and RecordingLaw.com is not a law firm.
Texas's Medical Malpractice Damage Cap
Texas caps non-economic (pain-and-suffering) damages at $250,000. Economic damages are not capped.
Texas caps NON-ECONOMIC damages in health care liability claims (HB 4, 2003) by defendant class under Tex. Civ. Prac. & Rem. Code § 74.301: (1) $250,000 per claimant against all physicians and individual health care providers combined; (2) $250,000 per claimant against any single health care institution; and (3) $500,000 per claimant total against all health care institutions when more than one institution is liable (no single institution liable for more than $250,000). Stacking these categories yields a maximum of $750,000 in non-economic damages per claimant ($250k providers + $250k + $250k two institutions). These § 74.301 figures are FIXED and NOT inflation-adjusted. ECONOMIC damages (past/future medical, lost earnings) are UNCAPPED. SEPARATELY, § 74.303 imposes an all-damages cap in WRONGFUL DEATH and survival health care claims, base $500,000 per claimant, indexed to the CPI from August 29, 1977; the inflation-adjusted 2026 figure is approximately $2.65 million per claimant (covers all damages including exemplary). The caps rest on Texas Constitution art. III, § 66 (Proposition 12, 2003), which authorizes the legislature to cap non-economic damages, insulating them from constitutional challenge.
Source: Tex. Civ. Prac. & Rem. Code §§ 74.301, 74.303; Tex. Const. art. III, § 66.
Deadline to File a Texas Malpractice Claim
Texas generally requires a medical-malpractice lawsuit to be filed within 2 years (the statute of limitations). Tex. Civ. Prac. & Rem. Code § 74.251: 2 years from the breach/tort, the date the medical treatment is completed, or the date the hospitalization for which the claim is made is completed. Absolute 10-year statute of repose (§ 74.251(b)) runs from the negligent act regardless of discovery. Texas does NOT apply a general discovery rule; the narrow exception is a foreign object left in the body. Minors under 12 have until their 14th birthday. A 60-day pre-suit notice and an expert report within 120 days are required. Miss the deadline and the claim is usually barred no matter how strong it is, so do not wait to talk to an attorney.
How the Estimate Works
No tool can predict a malpractice settlement. This estimator adds your economic damages (medical bills and lost wages, which are generally not capped), estimates pain and suffering with the multiplier method, then applies Texas's damage cap and comparative-fault rule. The hard part of any malpractice case — proving the provider breached the standard of care — is assumed here and must be established with expert testimony. Use the pain and suffering calculator to explore the non-economic piece, or read about what different injuries are worth.
Frequently Asked Questions
Does Texas cap medical malpractice damages?
Texas caps non-economic (pain-and-suffering) damages at $250,000. Economic damages are not capped.
How much is a Texas malpractice case worth?
No one can tell you a number in advance. A rough estimate adds your economic damages (medical bills, lost wages) and a pain-and-suffering multiplier, then applies Texas's damage cap and fault rule. The real value depends on proving the standard of care was breached, the facts, and negotiation — an attorney is the only way to value your specific case.
How long do I have to file in Texas?
Generally 2 years. Tex. Civ. Prac. & Rem. Code § 74.251: 2 years from the breach/tort, the date the medical treatment is completed, or the date the hospitalization for which the claim is made is completed. Absolute 10-year statute of repose (§ 74.251(b)) runs from the negligent act regardless of discovery. Texas does NOT apply a general discovery rule; the narrow exception is a foreign object left in the body. Minors under 12 have until their 14th birthday. A 60-day pre-suit notice and an expert report within 120 days are required.
Are economic damages capped?
In most cap states, no — caps usually apply only to non-economic (pain and suffering) damages, while medical bills and lost wages are recovered in full. A few states (like Indiana, Louisiana, Nebraska, New Mexico, and Virginia) cap total damages instead.
Is this calculator accurate?
It is a rough estimate to show the factors that drive value, especially the cap — not a prediction or an offer. Real malpractice settlements vary enormously and depend on expert proof. Treat any number here as a ballpark and consult a Texas malpractice attorney.
Disclaimer
This estimator is for general informational purposes only and is not legal advice or a prediction of any outcome. RecordingLaw.com is not a law firm. Medical-malpractice law, including damage caps, changes frequently and caps are often litigated; figures are current as of 2026-06-02. The value of a malpractice claim can only be assessed by a licensed attorney reviewing your specific facts and the medical record.