Texas · Medical Malpractice
Texas medical malpractice damage caps and statute of limitations
Refreshed 2026. $250,000 per defendant damage cap. 2 years from act or omission (or last treatment in continuous course). Full breakdown below.
Damage caps
TX Civ. Prac. & Rem. Code § 74.301Non-economic damages cap
$250,000 per defendant
Total damages cap
~$2,500,000
Status
active
Notes
Noneconomic: $250,000 per physician/provider plus $250,000 per institution, max $500,000 per institution in single case. Wrongful death noneconomic cap subject to annual inflation adjustment. HB 4 (2003) tort reform. Economic damages uncapped.
Statute of limitations
TX Civ. Prac. & Rem. Code § 74.251Standard SOL
2 years from act or omission (or last treatment in continuous course)
Discovery rule
Yes; runs from when injury was or should have been discovered with reasonable diligence
Statute of repose
10 years from act or omission
Minor exception
For children under 12: SOL extended until child's 14th birthday. For minors 12+: standard rules apply with tolling during minority.
Wrongful death SOL
2 years from date of death
Notes
Expert report required within 120 days of filing. Chapter 74 of Civil Practice & Remedies Code governs.
Beyond the lookup: Texas venue intelligence
Med-mal attorneys filing in Texas use Medistill for the next layer: state-specific verdict distributions, closed claims studies by specialty, NPDB-derived settlement bands, expert witness rosters with Daubert history, and 150+ compliance sources per defendant provider. Free 50 credits to start.
Texas med-mal FAQ
What is the medical malpractice statute of limitations in Texas?+
2 years from act or omission (or last treatment in continuous course). Yes; runs from when injury was or should have been discovered with reasonable diligence Statute of repose: 10 years from act or omission. Wrongful death: 2 years from date of death. Expert report required within 120 days of filing. Chapter 74 of Civil Practice & Remedies Code governs. Source: TX Civ. Prac. & Rem. Code § 74.251.
Does Texas have a medical malpractice damage cap?+
Non-economic cap: $250,000 per defendant. Total damages cap: ~$2,500,000. Noneconomic: $250,000 per physician/provider plus $250,000 per institution, max $500,000 per institution in single case. Wrongful death noneconomic cap subject to annual inflation adjustment. HB 4 (2003) tort reform. Economic damages uncapped. Source: TX Civ. Prac. & Rem. Code § 74.301.
How does Texas handle the discovery rule in med-mal cases?+
Yes; runs from when injury was or should have been discovered with reasonable diligence
What is the Texas minor exception for medical malpractice?+
For children under 12: SOL extended until child's 14th birthday. For minors 12+: standard rules apply with tolling during minority.
What is the wrongful death statute of limitations for Texas medical malpractice?+
2 years from date of death
Other state lookups
This tool is informational. It is not legal advice. Texas damage caps and statute of limitations periods change frequently. Always verify against current statute and consult a licensed Texas attorney before relying on a deadline. Data refreshed May 2026.