Texas also has "tort reform", limiting you to a maximum of $250k in damages. Good luck suing a big hospital for malpractice, you gotta pay the lawyer too out of that $250k.
The cap applies to actual damages, specifically non-economic actual damages such as pain and suffering, mental anguish, and loss of companionship. It does not apply to economic actual damages such as lost wages and medical costs.
Before tort reform punitive damages were already capped in Texas at a value twice the amount of economic damages plus the amount of non-economic damages, so tort reform does also have a effect of sometimes reducing punitive damages.
On average, a medical malpractice case might require anywhere from 500 to 1,000 hours of legal work, with more complex cases potentially requiring over 2,000 hours.
Average lawyer cost in 2022 was $313/hr.
So we're basically looking at, generously, 750 hrs x $300, or $225k to the lawyer.
And that's just one side - the hospital presumably pays near the same.
... Huh.
Once again, I am stunned at the American legal system being so obviously and cartoonishly evil.
Texas is probably limiting malpractice suit damages because they are a significant contributor to our insane healthcare costs. The math above where a hospital is out a minimum of $200k for any suit that isn't thrown out is not restricted to Texas; this is a national issue with some Texas duck tape slapped on.
They are more likely limiting malpractice suit damages because hospitals and clinics donate to political campaigns, but people hurt by medical malpractice don't.
The end result is that doctors are essentially lawsuit-proof (as the minimum cost of a suit exceeds the maximum possible recovery) in Texas, and you have no recourse if yours was at fault.
That’s a good argument for it that I didn’t think of. But I can’t help but think this was likely just some business friendly thing that was lobbied for under the misleading label of “reform”
https://www.seattletimes.com/nation-world/texas-heart-surgeo...
https://www.justice.gov/usao-sdtx/pr/texas-medical-center-in...