§ 74.303.Limitation on 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 74.303 caps all damages in a wrongful death or survival health care claim at $500,000 per claimant, indexed to the consumer price index since 1977, excluding medical and custodial care expenses.

Full Text of § 74.303

Text sizeJump to: (a) (b) (c) (d) (e)

(a)In a wrongful death or survival action on a health care liability claim where final judgment is rendered against a physician or health care provider, the limit of civil liability for all damages, including exemplary damages, shall be limited to an amount not to exceed $500,000 for each claimant, regardless of the number of defendant physicians or health care providers against whom the claim is asserted or the number of separate causes of action on which the claim is based.

(b)When there is an increase or decrease in the consumer price index with respect to the amount of that index on August 29, 1977, the liability limit prescribed in Subsection (a) shall be increased or decreased, as applicable, by a sum equal to the amount of such limit multiplied by the percentage increase or decrease in the consumer price index, as published by the Bureau of Labor Statistics of the United States Department of Labor, that measures the average changes in prices of goods and services purchased by urban wage earners and clerical workers' families and single workers living alone (CPI-W: Seasonally Adjusted U.S. City Average--All Items), between August 29, 1977, and the time at which damages subject to such limits are awarded by final judgment or settlement.

(c)Subsection (a) does not apply to the amount of damages awarded on a health care liability claim for the expenses of necessary medical, hospital, and custodial care received before judgment or required in the future for treatment of the injury.

(d)The liability of any insurer under the common law theory of recovery commonly known in Texas as the "Stowers Doctrine" shall not exceed the liability of the insured.

(e)In any action on a health care liability claim that is tried by a jury in any court in this state, the following shall be included in the court's written instructions to the jurors:

(1)"Do not consider, discuss, nor speculate whether or not liability, if any, on the part of any party is or is not subject to any limit under applicable law."

(2)"A finding of negligence may not be based solely on evidence of a bad result to the claimant in question, but a bad result may be considered by you, along with other evidence, in determining the issue of negligence. You are the sole judges of the weight, if any, to be given to this kind of evidence."

End

Plain-English Summary

A separate and older cap for death cases, and unlike the noneconomic caps it is indexed.

In a wrongful death or survival action on a health care liability claim, the limit of civil liability for all damages, including exemplary damages, is $500,000 for each claimant, regardless of the number of defendants or separate causes of action.

"All damages" is the striking phrase. This is not a noneconomic cap — it reaches economic damages and exemplary damages as well.

Subsection (b) indexes it. The limit is adjusted by the percentage change in the consumer price index (CPI-W) between August 29, 1977 and the time damages are awarded by final judgment or settlement. The $500,000 figure is a 1977 dollar amount, and the operative cap today is several times larger.

That makes this cap behave differently from the 2003 noneconomic caps, which are fixed. Indexing was the drafting choice of the earlier reform, and it was not repeated.

Subsection (c) is a substantial exclusion: the cap does not apply to damages for the expenses of necessary medical, hospital, and custodial care received before judgment or required in the future. Care costs sit outside the limit entirely.

Subsection (d) provides that an insurer's liability under the Stowers doctrine shall not exceed the liability of the insured.

Subsection (e) prescribes two jury instructions verbatim. The jury must be told not to consider, discuss, or speculate whether liability is subject to any limit; and that a finding of negligence may not be based solely on evidence of a bad result, though a bad result may be considered along with other evidence.

Frequently Asked Questions

Is there a cap on wrongful death damages in a Texas malpractice case?

Yes. All damages, including exemplary damages, are limited to $500,000 per claimant — but that figure is indexed to the consumer price index since August 29, 1977, so the operative cap is considerably higher today.

Does the cap cover medical expenses?

No. Expenses of necessary medical, hospital, and custodial care received before judgment or required in the future are excluded.

Does the jury hear about the cap?

No. The court must instruct the jury not to consider, discuss, or speculate whether liability is subject to any limit.

Can negligence be found from a bad outcome alone?

No. The prescribed instruction tells the jury a finding of negligence may not be based solely on evidence of a bad result, though it may be considered along with other evidence.

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