This article analyzes Chapter 74, Subchapter K of the Texas Civil Practice and Remedies Code, which authorizes periodic payments for future damages in health care liability claims, including medical expenses and lost wages. The authors examine the statutory framework governing when periodic payments may be ordered and how payment schedules are structured. The article surveys Texas case law addressing the calculation, modification, and security of periodic payment obligations. It also discusses practical considerations for litigants, such as evidentiary requirements and the interaction between periodic payments and lump-sum awards. The authors conclude by assessing the impact of Subchapter K on damages recovery and long-term financial planning in Texas medical malpractice litigation.
Cooper et al. (Tue,) studied this question.