Harris County
Houston medical malpractice claims: what a lawyer does in Harris County
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- Filing deadline
- 2 yr
- Fault rule
- Barred above 50%
- Where it is filed
- Harris County Civil District Courts
Personal injury in Texas
What Texas law changes about a medical malpractice claim
These are the rules that alter the outcome of this specific claim type. Texas's full set of rules is on the Texas page.
- Comparative fault
- modified-comparative-50. Recovery is barred once your own fault exceeds 50%.
- Malpractice rules
- Texas requires written notice to each defendant at least 60 days before filing, and an expert report served on each defendant within 120 days of the defendant’s answer. Failure to serve a compliant expert report results in dismissal with attorney’s fees against the claimant, which makes the report the single largest procedural risk in a Texas malpractice case. Non-economic damages are capped. Tex. Civ. Prac. & Rem. Code §§ 74.051 and 74.351.
- Cap on Medical malpractice non-economic damages, per claimant against physicians and individual providers
- $250,000. A separate $250,000 limit applies per health care institution, capped at $500,000 across all institutions, so a claim involving a physician plus two facilities can reach $750,000 in non-economic damages. Economic damages are not capped. Tex. Civ. Prac. & Rem. Code § 74.301.
Where a Houston medical malpractice claim is handled
Harris County Civil District Courts
trial general · Harris County (11th Court of Appeals district: First and Fourteenth Courts of Appeals)
201 Caroline Street, Houston, TX 77002
Court recordsU.S. District Court for the Southern District of Texas, Houston Division
federal district
515 Rusk Street, Houston, TX 77002
Court recordsCounty clerk
Harris County District Clerk (civil district courts) and Harris County Clerk (county civil courts at law)
What people in Houston ask about medical malpractice claims
These are the questions Google reports for this market, not questions we invented.
- Is it worth suing for medical malpractice?
- What qualifies as medical malpractice in Texas?
- What are the four things that must be proven to win a medical malpractice suit?
- How much can you sue for medical malpractice in Texas?
- What are the 4 things to prove medical malpractice?
- What are the odds of winning a medical malpractice suit?
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