Personal injury law is a section of the law that specifically identifies the rules and procedures for prosecuting a personal injury lawsuit. Personal injury law has its foundation in common law which was adopted from the Romans. Personal injury law is molded each week by the rulings of the Texas Appellate Courts and the Texas Supreme Court. Every ruling that is made by these Courts provide guidance for lower District Courts to follow if the same or similar circumstance arises again. The Texas Legislature also molds the personal injury law by creating statutory rules and regulations that must be followed in the Texas Courts.
Recently, the Texas Legislature has significantly changed the damages that each Texan can recover in a medical malpractice lawsuit. In September 2003, the Texas Legislature implemented a set of rules in the Texas Civil Practice and Remedies Code which capped the damages that Texans could recover in medical malpractice cases. Essentially, the number that the Legislature decided was sufficient to cover all the non-economic damages for Texans in medical malpractice cases was $250,000.00. As a result of the Legislatures actions, Texans are only allowed to recover non-economic damages from any physician sued in the amount of $250,000.00. The victim may recover an additional $250,000.00 in non-economic damages from any hospital sued. (There is one exception for additional compensation if two hospitals are sued.) One example of how this new law is applied is if a nursing home is sued for administering the incorrect medication to a nursing resident that leads to the resident's death. If the nursing home resident did not work and did not have medical bills as a result of the incorrect medication, the total damages that could be recoverable to the family of the decedent would be capped at $250,000.00.
