Legal Question in Medical Malpractice in Texas

Regarding the 2003 Texas Tort Cap, of limiting non-economic damages to $250K in Med Mal cases, I have received conflicting opinions: 1 stating that if fraud is involved, on the part of the practitioner, that the cap is vacated & another person said it made no difference. Can you please clear this up for me? � among his numerous violations, my Mental Healthcare Provider / Psychologist falsely billed Medicare for years, for office sessions I never attended. I am currently attempting to negotiate a settlement with his med mal liability carrier � however, in the event I have to sue, I plan to seek economic damages for the cost of the post-suicidal psychological care I was denied � however I am wondering if I can also receive more than the cap limit for non-economic damages because he was committing criminal fraud as well, pursuant to the Federal False Claims Act?

Thank you,

Laurie G. email -

[email protected]

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