Texas Civil Practice & Remedies Code § 74.301 – Limitations on Non-Economic Damages
Table of Contents
Statutory Text:
§ 74.301(a): In an action against a single health care provider, non-economic damages are capped at $250,000 per claimant.
§ 74.301(b): In actions against multiple health care institutions, the cap is $250,000 per institution, up to a maximum of $500,000.
§ 74.301(c): This does not affect economic or punitive damages.
What Are Non-Economic Damages?
Non-economic damages refer to intangible harms such as:
Pain and suffering
Emotional distress
Loss of companionship
Loss of enjoyment of life
Disfigurement or impairment
These are separate from economic damages like lost income or medical bills.
How the Cap Works Under § 74.301
| Defendant Type | Maximum Non-Economic Damages |
|---|---|
| Single physician or provider | $250,000 per claimant |
| One health care institution | $250,000 per claimant |
| Two or more institutions combined | $500,000 total per claimant |
The total non-economic cap = $750,000 if both provider and two institutions are involved.
Example Scenario
A patient sues a doctor and two hospitals.
The doctor is capped at $250,000
Each hospital is capped at $250,000, but combined institutional cap is $500,000
Total maximum non-economic damages: $750,000
What Is Not Capped?
The following are not affected by § 74.301:
Economic damages (e.g., medical expenses, lost wages)
Exemplary (punitive) damages, which may be capped under § 41.008 but are not subject to § 74.301
Why This Cap Exists
The statute was part of Texas’s 2003 tort reform effort to:
Curb runaway jury awards
Stabilize insurance premiums for medical professionals
Promote predictability in health care litigation
Related Statutes
§ 74.251 – Statute of Limitations for Malpractice Claims
§ 74.001 – Definitions in Medical Liability Law
§ 41.008 – Cap on Exemplary (Punitive) Damages
Texas Case Law Interpreting § 74.301
Confirmed the per-claimant cap applies regardless of the number of claims or types of injuries.
Clarified that when multiple institutions are sued, the combined cap cannot exceed $500,000 for non-economic damages.
Frequently Asked Questions About § 74.301
Houston Personal Injury Lawyer - Joel A. Gordon
Generally, $250,000 per individual provider and $500,000 combined for multiple institutions.
No. The cap is per claimant, not per injury. You cannot stack non-economic damages for separate injuries.
No. There is no cap on economic damages like lost income or medical bills.
Yes. The non-economic cap applies to both injury and death claims involving medical malpractice.