This article analyzes the periodic payment of future damages in Texas medical malpractice cases under Chapter 74 of the Texas Civil Practice and Remedies Code. The authors examine the statutory framework authorizing periodic payments for future medical expenses, lost wages, and other damages. The article surveys Texas case law addressing when periodic payments may be ordered and how payment schedules are structured and secured. It also discusses practical and strategic considerations for litigants, including evidentiary requirements and the interaction between periodic payments and lump-sum awards. The authors conclude by assessing how periodic payment mechanisms affect damages recovery, risk allocation, and long-term compensation planning in medical malpractice litigation.
Snapka et al. (2019) studied this question.