§ 74.301.Limitation on Noneconomic Damages

Title 4. Liability in Tort · Chapter 74. Medical Liability · Subchapter G. Liability Limits · Last amended 2003 · Last verified August 29, 2026

In one sentenceSection 74.301 caps noneconomic damages at $250,000 per claimant against all non-institutional providers, $250,000 per health care institution, and $500,000 for all institutions together.

Full Text of § 74.301

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(a)In an action on a health care liability claim where final judgment is rendered against a physician or health care provider other than a health care institution, the limit of civil liability for noneconomic damages of the physician or health care provider other than a health care institution, inclusive of all persons and entities for which vicarious liability theories may apply, shall be limited to an amount not to exceed $250,000 for each claimant, regardless of the number of defendant physicians or health care providers other than a health care institution against whom the claim is asserted or the number of separate causes of action on which the claim is based.

(b)In an action on a health care liability claim where final judgment is rendered against a single health care institution, the limit of civil liability for noneconomic damages inclusive of all persons and entities for which vicarious liability theories may apply, shall be limited to an amount not to exceed $250,000 for each claimant.

(c)In an action on a health care liability claim where final judgment is rendered against more than one health care institution, the limit of civil liability for noneconomic damages for each health care institution, inclusive of all persons and entities for which vicarious liability theories may apply, shall be limited to an amount not to exceed $250,000 for each claimant and the limit of civil liability for noneconomic damages for all health care institutions, inclusive of all persons and entities for which vicarious liability theories may apply, shall be limited to an amount not to exceed $500,000 for each claimant.

End

Plain-English Summary

The noneconomic damages caps, and the structure produces a maximum that has not changed since 2003.

Against physicians and providers other than health care institutions: noneconomic damages are limited to $250,000 for each claimant, inclusive of all persons and entities for which vicarious liability theories may apply, and regardless of the number of defendant physicians or providers or the number of separate causes of action.

Against a single health care institution: $250,000 for each claimant, on the same inclusive terms.

Against more than one institution: $250,000 per institution, but $500,000 in total for all institutions per claimant.

The arithmetic that follows is worth stating plainly. A claimant suing physicians and two or more institutions faces a maximum of $750,000 in noneconomic damages — $250,000 from the non-institutional side plus $500,000 from the institutional side. That is the ceiling however severe the injury and however many defendants are at fault.

"Inclusive of all persons and entities for which vicarious liability theories may apply" forecloses the obvious workaround. Suing the physician and the employer separately does not produce two caps.

The caps apply only to noneconomic damages — pain, suffering, mental anguish, disfigurement, impairment, loss of consortium. Economic damages, including past and future medical expenses and lost earning capacity, are not capped by this section.

The figures are not indexed to inflation, which distinguishes them from the wrongful death cap in this subchapter, and means their real value has fallen substantially since 2003.

Frequently Asked Questions

What is the cap on pain and suffering in a Texas malpractice case?

$250,000 per claimant against all physicians and non-institutional providers combined, $250,000 per health care institution, and $500,000 for all institutions together — a maximum of $750,000.

Are medical expenses capped?

No. The caps apply to noneconomic damages. Economic damages, including medical expenses and lost earning capacity, are not limited by this section.

Does suing more defendants raise the cap?

No. The limit applies regardless of the number of defendants or causes of action, and is inclusive of all persons and entities for which vicarious liability may apply.

Are the caps adjusted for inflation?

No. Unlike the wrongful death cap in Section 74.303, these figures are not indexed.

Amendment History

Added by Acts 2003, 78th Leg., ch. 204, Sec. 10.01, eff. Sept. 1, 2003.

Source & verification. Section text is reproduced verbatim from Texas Legislature Online (statutes.capitol.texas.gov). Enacted by the Texas Legislature. Current through May 14, 2026. Last verified August 29, 2026. · Official source