How a Medical Professional’s Cell Phone Usage Can Result in Medical Malpractice

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doctor using mobile phone
Legally reviewed by:
Steven R. Davis and John A. Davis, Jr.
February 1, 2024

When you go in for an appointment or visit with your trusted medical professional, you expect a certain standard of care. This healthcare professional has been trained for years in their field and has taken an oath to do everything in their power to protect your health to the best of their ability. When their attention is taken away from you, even just for a second to check their cell phone for a text or missed call, you run the risk of suffering a serious injury or mistake. 

If you have fallen victim to the blatant recklessness of your medical professional due to cell phone usage and have suffered a misdiagnosis or other medical malpractice occurrence as a result, partner with Davis & Davis today. Our team has the resources, experience, and compassion necessary to bring your case to justice and fight for the compensation you deserve. 

How a Medical Professional’s Cell Phone Usage Can Result in Medical Malpractice

When you set an appointment with your doctor, there is a certain standard of care expected. When this care is breached by acting recklessly, it puts you at risk of an injury. Depending on the doctor or the nature of the visit, this can include a misdiagnosis, an incorrect chart reading, a prescription medication error, and more. The negligence due to inappropriate cell phone usage can be used in your claim when establishing fault. By failing to adhere to their duty of care as a doctor, nurse, or other healthcare professional and directly causing your injuries by being on their phone, they can be held liable for your damages. 

With that being said, however, all cell phone usage is not illegal and not necessarily grounds for a medical malpractice claim. The usage must be able to be directly linked back to your occurrence and injury. While not advisable, a healthcare professional using their cell phone is not illegal in the state of Texas. 

How a Medical Malpractice Attorney Can Help

While you focus on your recovery, the team at Davis & Davis is here to act as a guide through the often overwhelming process of filing a medical malpractice claim. We will begin your case by immediately conducting an investigation into the circumstances surrounding your medical malpractice occurrence. This primarily includes the collection and assessment of any relevant information to later be used as evidence of negligence. 

We will also file your claim within Texas’s two-year statute of limitations deadline. This is either two years from the date of the occurrence or from the date of reasonable discovery, as medical malpractice occurrences can sometimes take weeks, months, or even longer to diagnose. 

Davis & Davis will ensure your losses are fully documented, including any future expenses as well. All communications and correspondence with the insurance company will be overseen by us, including the negotiation period. We understand the difference worthy compensation can make, so if an appropriate settlement offer cannot be agreed upon, we are trial tested and prepared to take your case to court to defend your future in front of a judge. 

Fallen Victim to a Medical Professional’s Negligence? Schedule a Consultation Today

Nobody deserves to pay the physical or financial toll of a trusted professional’s inability to provide their expected duty of care. Navigate the challenging aftermath of your unique case today by partnering with the experienced team at Davis & Davis. We recognize the severity of such incidents and are dedicated to relentlessly championing your rights. Our people-first approach to the world of medical malpractice is here to alleviate your burden by adeptly managing the legal intricacies, allowing you to concentrate on your recovery and well-being.

Act promptly to secure the justice and compensation you are entitled to. Reach out to Davis & Davis for a no-cost case evaluation by calling (888) 522-9444 or completing our online contact form today.

John A. Davis, Jr.


John A. Davis, Jr. and Steven R. Davis

February 1 2024

Steven R. Davis and John A. Davis, Jr. are experienced attorneys at Davis & Davis, a law firm that specializes in medical malpractice cases in Texas. With a deep commitment to justice that guides their ethical approach, Davis and Davis have dedicated their careers to helping victims of medical negligence. They and their team continue to advocate for clients, despite the challenges posed by Texas's cap on recoverable damages in malpractice lawsuits. Davis & Davis pride themselves on their extensive experience in the field and their readiness to meet clients across the United States.

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