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★ Texas · medical negligence

Medical negligence settlements
in Texas.

By Reviewed by Abd Shanti, Founder9 min read

Texas caps malpractice noneconomic damages at $250,000 per claimant against a single health care institution. A nursing home patient’s jury awarded $10.25 million in noneconomic damages, and the judgment for them was $250,000.

Facts that decide a medical negligence claim in Texas

Institution capWhen judgment is rendered against a single health care institution, its liability for noneconomic damages is “limited to an amount not to exceed $250,000 for each claimant.”Tex. Civ. Prac. & Rem. Code § 74.301, as quoted in Regent Care v. Detrick (Tex. App. 2020)
Economic damagesEconomic damages are not capped; future medical care may be ordered paid periodically.Regent Care v. Detrick (Tex. App. 2020), applying § 74.503
Settlement creditsCredits from other settlements are allocated between economic and noneconomic damages before the cap is applied.Regent Care v. Detrick (Tex. App. 2020)
Deadline to sueA person must bring suit for personal injury “not later than two years after the day the cause of action accrues,” and must use diligence to serve the defendant.Tex. Civ. Prac. & Rem. Code § 16.003(a), as quoted in Carias v. Owens (Tex. App. 2022)
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★ TX · reported medical negligence outcomes

What Texas courts have awarded.

Real Texas decisions and verdicts, each linked to the court record or official report.

  • Regent Care of San Antonio v. Detrick
    Texas Court of Appeals · 2020
    $10.25 million noneconomic capped at $250,000; judgment $3,399,371

    Professor Robert Detrick entered a skilled nursing facility for short term care before hip replacement surgery and presented evidence that he developed incontinence after admission. The jury put 55% of responsibility on Regent Care and awarded $3 million for future medical care, $390,000 for past medical care, $245,000 for household services and $10,250,000 in noneconomic damages. After a $1.85 million settlement credit, the court capped noneconomic damages at $250,000, for a judgment of $3,399,371, which was affirmed.

★ TX · medical negligence · in practice

What changes the number here.

What actually moves a medical negligence settlement in Texas.

  1. 1

    In Texas malpractice the economic case carries the value. Detrick’s judgment was almost entirely future and past medical care and household services.

  2. 2

    Order of operations matters. How the settlement credit is split before the cap changes the final number, and was contested in Detrick.

  3. 3

    Periodic payments can be ordered for future medical care, so a large future care award may not be paid at once. In Detrick the court ordered $256,358 paid over 24 months.

  4. 4

    Short stays carry risk too. Detrick entered the facility only for short term treatment of a rash before hip surgery, yet the jury found the facility 55% responsible for what followed.

  5. 5

    Settlements with other defendants still count. Detrick had settled with others for $1.85 million, and the credit was split 27% to economic and 73% to noneconomic damages before the cap.

★ TX · statute of limitations
2 years from date of injury

Tex. Civ. Prac. & Rem. Code § 16.003

★ TX · fault rule
Modified comparative, 51% bar

Modified comparative, recovery barred at 51% claimant fault.

★ TX · caps

What caps recovery.

Statutory caps that may bear on a medical negligence settlement in Texas.

★ medical negligence · same region & fault regime

Compare to like jurisdictions.

How Texas's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for medical negligence claims.

JurisdictionFault ruleLimitationMedical negligence page
Texas · you are hereModified comparative, 51% bar2 years from date of injury—
VirginiaPure contributory negligence2 years from date of injuryVA · medical negligence →
West VirginiaModified comparative, 51% bar2 years from date of injuryWV · medical negligence →
AlabamaPure contributory negligence2 years from date of injuryAL · medical negligence →
ArkansasModified comparative, 50% bar3 years for personal injury; 2 years for medical malpracticeAR · medical negligence →
FloridaModified comparative, 51% bar2 years from date of injury (was 4; reduced by HB 837)FL · medical negligence →
GeorgiaModified comparative, 50% bar2 years from date of injuryGA · medical negligence →
VermontModified comparative, 51% bar3 years from date of injuryVT · medical negligence →
WisconsinModified comparative, 51% bar3 years from date of injuryWI · medical negligence →
WyomingModified comparative, 51% bar4 years from date of injuryWY · medical negligence →
ConnecticutModified comparative, 51% bar2 years from date of injuryCT · medical negligence →
UtahModified comparative, 50% bar4 years for personal injury; 2 years for medical malpracticeUT · medical negligence →
WashingtonPure comparative negligence3 years from date of injuryWA · medical negligence →
★ TX · medical negligence · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

united states · sister site
Your medical negligence claim in Texas. See the number for your own case.

FairSettlement gives you a free estimate for your own medical negligence case in about two minutes, no cost and no obligation.

Check my case

Sources

Checked 2026-09-29.

★ all of TX
Texas overview

Fault rule, statute, caps, and key facts for Texas as a whole.

★ national frame
Medical negligence in United States

Medical negligence band structure and severity tiers at the US level.

★ all 15 countries
Medical negligence · everywhere

Cross-jurisdiction comparison of medical negligence bands.

★ editorial note

Figures on this page are not quotes for any specific case. For representation, consult an attorney admitted in Texas. See /methodology, /sources, and /disclaimer.