From the Texas Medical Malpractice Lawyers at Davis & Davis
Accidents happen. Maybe you slipped and fell while shopping and ended up with a broken leg. If you’re dealing with medical bills and missed work, it makes sense to contact a personal injury attorney to help recover those losses.
But what if something went wrong while you were receiving medical care for that broken leg? Suppose the surgeon used the wrong device, making things worse. You needed more surgeries, ended up with a serious infection, and ultimately, the leg had to be amputated. That’s not just a bad outcome — it could be medical negligence. And that’s when you need a medical malpractice attorney.
Personal Injury vs. Medical Malpractice: What’s the Difference?
While medical malpractice is a form of personal injury, they are not exactly the same. Think of it like this:
- All medical malpractice cases are personal injury cases.
- But not all personal injury lawyers handle medical malpractice.
In fact, medical malpractice is one of the most complex and specialized areas of law. At Davis & Davis, we’ve devoted our entire practice to representing patients and families who’ve been harmed by medical negligence right here in Texas and across the country.
Let’s walk through the key similarities and differences so you know what kind of attorney is right for your situation.
What Personal Injury and Medical Malpractice Have in Common
Both types of claims fall under civil law, and they share some important traits:
- They both involve harm caused by someone else’s negligence. Whether it’s a distracted driver or a negligent doctor, these cases aim to hold people accountable when their actions cause injury.
- They’re both based on tort law. That means the goal is to compensate the injured person — not punish the wrongdoer.
- They seek financial compensation. That includes reimbursement for medical bills, lost wages, pain and suffering, and other losses.
In Texas, like many states, there are caps on non-economic damages (like pain and suffering), especially in medical malpractice cases. This makes it even more important to have a skilled attorney who understands how to present a strong and complete case.
What Sets Medical Malpractice Apart
Now here’s where things start to get more complicated. Medical malpractice claims have some distinct differences:
Complexity
Personal injury cases — like car accidents or slip-and-falls — tend to be more straightforward. Medical malpractice cases, on the other hand, often involve highly technical medical issues, multiple providers, medical experts, and extensive medical records.
Disputes Over Fault
In many personal injury cases, the other party admits fault. That’s rarely true in medical malpractice. Hospitals and doctors almost always deny responsibility, even in clear-cut cases.
Expert Affidavits
In Texas, before you can even file a medical malpractice lawsuit, you must have an expert report from a qualified medical professional who can attest that negligence occurred. That requirement doesn’t exist in most other personal injury cases.
Expert Witnesses
Medical malpractice claims often require multiple medical experts to explain what went wrong and why. These experts must review the records and provide opinions — and their services can be costly.
Deadlines (Statute of Limitations)
Timing is crucial. In Texas, most medical malpractice claims must be filed within two years, but there are exceptions and nuances depending on when the injury was discovered. Personal injury cases usually follow a similar timeline, but it’s always best to speak with an attorney as soon as possible to clarify your options and protect your rights.
Success Rates
The success rate in medical malpractice cases is significantly lower than in general personal injury claims. That’s not because the harm isn’t real — it’s because the legal and medical hurdles are so high. It’s critical to have a team that knows how to build a strong case from the ground up and who is trial tested and proven.
Why Choose Davis & Davis?
At Davis & Davis, we don’t dabble in medical malpractice — it’s all we do. Our firm is proud to represent people across Texas who’ve suffered due to medical errors. Because we focus solely on this area of law, we understand the unique challenges these cases present and know how to overcome them.
We believe that every patient deserves honest answers and skilled legal support. If you or a loved one has been seriously harmed by a medical professional’s mistake, we’re here to help.
Let’s Talk — Your Consultation Is Free
If you’re unsure whether you need a personal injury attorney or a medical malpractice attorney, that’s okay — we’ll help you figure it out. Contact Davis & Davis today for a free, confidential consultation.
📞 Call us at (713) 781-5200
We’re here to listen, guide you through your options, and fight for the justice you deserve.
