Texas Nursing Home Laws

Texas Nursing Home Injury Law | Injury Firm Serving TX

Nursing Home Negligence or Abuse

Statute of Limitations Tex. Civ. Prac. & Rem. Code §16.003

  • Two years from the date of injury, regardless of when the plaintiff learns of the injury.

Damages Cap Tex. Civ Prac. & Rem. Code Ann. §41.008

  • In actions where no intentional criminal conduct occurred, punitive damages are limited to either non-economic damages (of up to $750,000) plus two times economic damages or $200,000, whichever is greater.

Medical Malpractice

Statute of Limitations Tex. Civ. Prac. & Rem. Code §§ 74.251(a) and 74.251(b)

  • Two years from when the injury was discovered, or reasonably should have been discovered.
  • For cases filed on or after September 1, 2003, no claim can be filed more than 10 years after the date of injury.

Damages Cap Tex. Civ Prac. & Rem. Code Ann. §§41.008 and 74.301

  • Non-economic damages are limited to $250,000 from all defendants.
  • Total damages from all defendants is capped at $500,000.
  • In actions where no intentional criminal conduct occurred, punitive damages are limited to either non-economic damages (of up to $750,000) plus two times economic damages or $200,000, whichever is greater.

Wrongful Death

Statute of Limitations Tex. Civ Prac. & Rem. Code §16.003

  • Two years from the date of death.

Damages Cap Tex. Civ Prac. & Rem. Code Ann. §§41.008 and 74.303

  • For medical malpractice actions leading to wrongful death: non-economic and economic damages are limited to $500,000, and adjusted annually for inflation.
  • In actions where no intentional criminal conduct occurred, punitive damages are limited to either non-economic damages (of up to $750,000) plus two times economic damages or $200,000, whichever is greater.

The information provided here was prepared by the Pintas & Mullins Law Firm for research and informational purposes only. It does not constitute legal advice or an attorney-client relationship. While we try to keep this information current, the law is subject to change and it may not be reflected here immediately.

The Pintas & Mullins Law Firm expressly disclaims all liability with respect to actions taken or not taken based on the information provided. If you have a legal question or problem, please consult an attorney immediately.