What Compensation Can I Recover in a Medical Malpractice Case?

Medical malpractice can leave you reeling, physically hurt, emotionally drained, and unsure of what comes next. Whether it’s a surgical error, a misdiagnosis, or a failure to treat a serious condition, the consequences of a healthcare provider’s negligence can be life-changing. You may be wondering what kind of compensation is available, how much you could recover, or what steps to take first.

This guide breaks down the key types of compensation available in a medical malpractice lawsuit, how damages are calculated, and what Texas and Louisiana law says about claim limits. If you’re exploring your options, Daly & Black, P.C., is here to help you make sense of the process.

What Compensation for Medical Malpractice Covers

Medical malpractice compensation is intended to make victims financially whole again after suffering preventable harm at the hands of a medical provider. At Daly & Black, we fight to recover every form of compensation available under the law, including both economic and non-economic damages.

Medical Expenses

This includes all medical costs associated with diagnosing, treating, and recovering from the malpractice-related injury:

• Past medical bills cover surgeries, hospital stays, rehabilitation, medications, or therapy already incurred.
• Future medical expenses include long-term care, future surgeries, assistive devices, or ongoing treatment related to the injury.

With the cost of medical care rising, this category often makes up a significant portion of a medical malpractice claim.

Lost Wages and Loss of Earning Capacity

When your injury prevents you from working, temporarily or permanently, you may be entitled to:

• Lost income refers to wages missed during treatment or recovery.
• Loss of earning capacity applies if the injury impacts your ability to return to your career or reduces future income potential.

These damages help protect your financial stability and acknowledge the long-term impact malpractice can have on your livelihood.

Pain and Suffering

These non-economic damages compensate for physical discomfort and emotional trauma that accompany medical injuries:

• Physical pain includes acute or chronic suffering from the injury or its treatments.
• Emotional distress covers mental health effects such as anxiety, depression, fear of future procedures, or trauma.

Pain and suffering damages reflect how the injury has diminished your quality of life.

Emotional Distress and Mental Anguish

Separate from physical pain, emotional distress compensates victims who experience mental suffering, including:

• Anxiety and depression caused by trauma, disfigurement, or long-term disability.
• Loss of enjoyment of life, when the injury prevents engagement in hobbies, intimacy, or personal activities.

These damages often require testimony from therapists or mental health professionals to support the claim.

Loss of Consortium

In severe injury cases, spouses or family members may pursue compensation for the loss of companionship or intimacy due to the victim’s disability. These damages acknowledge how medical malpractice can fracture family relationships.

Wrongful Death Damages

If a loved one dies as a result of medical negligence, surviving family members may file a wrongful death claim to pursue:

• Funeral and burial expenses
• Loss of financial support and services
• Loss of companionship, guidance, or parental care
• Emotional suffering from the loss

These claims are complex and time-sensitive, making early legal intervention critical.

Punitive Damages

Although rare, punitive damages may be awarded when a provider’s conduct was especially reckless or malicious. It’s important to note that while Texas law allows for punitive damages in specific egregious circumstances, Louisiana law generally does not permit them in medical malpractice cases.

How Medical Malpractice Damages Are Calculated

There is no universal formula for calculating damages. Each case is unique, and the potential value depends on multiple factors, including:

• Severity of the injury plays a major role, as more serious or permanent injuries generally result in higher compensation.
• Impact on your life is also considered, especially if the injury limits your ability to work, perform daily tasks, or enjoy previously normal activities.
• Medical documentation strengthens your case when it includes detailed records, diagnoses, and expert opinions.
• Location of the claim affects the outcome, since each state has specific laws and caps that directly influence how damages are calculated.

Medical Malpractice Damage Caps by State

Understanding how compensation is limited by state law is essential when pursuing a medical malpractice claim. Texas and Louisiana each have specific caps on damages that can significantly impact the value of your case. Below, we break down how these caps work.

Texas

Under Texas Civil Practice & Remedies Code § 74.301, the law limits non-economic damages in medical malpractice cases as follows:

Individual Health Care Providers:

When a medical malpractice claim is filed solely against an individual doctor or healthcare provider, Texas law limits non-economic damages to $250,000.

Healthcare Institutions:

If your malpractice claim includes one or more healthcare institutions, such as hospitals or clinics, the non-economic damages cap remains $250,000 for each facility, with a combined institutional cap of $500,000 total.

Multiple Defendants:

When both individual providers and healthcare institutions are named in the lawsuit, the total cap on non-economic damages is limited to $750,000 across all defendants.

Economic Damages:

While Texas law imposes limits on non-economic damages, there is generally no cap on economic damages such as medical costs, lost wages, or future care expenses, allowing victims to recover the full financial impact of their injuries.

Louisiana

According to Louisiana Revised Statutes § 40:1231.2:

• Total medical malpractice damages are capped at $500,000 per claimant, which includes both economic and non-economic damages while future medical care and related benefits are not subject to the $500,000 cap and may be awarded separately.
• Healthcare providers are liable for the first $100,000 in damages, while the Patient Compensation Fund covers the remaining amount up to the statutory cap.

All malpractice claims in Louisiana must first be reviewed by a Medical Review Panel before a lawsuit can proceed in court.

How Daly & Black Helps Maximize Malpractice Compensation

At Daly & Black, we understand the devastating impact of medical negligence, and we don’t back down from a fight. Our team brings:

• A deep bench of medical and legal experts to investigate claims thoroughly
• Aggressive trial strategies that prepare every case as if it’s going to court
• Experience across jurisdictions, including both Texas and Louisiana malpractice law
• All-in client support, from intake through final resolution

We go ALL IN for our clients, demanding justice and maximum compensation.

FAQ

What types of damages can I recover in a medical malpractice lawsuit?

You may be eligible to recover both economic and non-economic damages, including medical expenses, lost wages, loss of earning capacity, pain and suffering, emotional distress, and in some cases, punitive damages. If the malpractice results in a fatality, wrongful death damages may also be available to surviving family members.

Can I recover compensation for future medical expenses?

Yes. If your injury requires ongoing treatment, rehabilitation, or long-term care, you can seek compensation for the anticipated costs of that future medical care. These damages often require expert testimony to estimate accurately.

How is pain and suffering calculated in a medical malpractice claim?

Pain and suffering are non-economic damages, so they don’t have a set dollar value. Courts and insurers consider the severity and duration of the injury, emotional distress, impact on daily life, and supporting testimony to arrive at an appropriate figure. State-specific caps may limit the maximum award in some cases.

Take Control of Your Future: Start Your Malpractice Compensation Claim Today

You don’t have to navigate this alone. If you’ve been harmed by a medical provider’s negligence, you may be entitled to compensation for medical malpractice under Texas or Louisiana law. But time is limited, and the process is complex.Call Daly & Black, P.C. today to schedule your FREE consultation.