How can medical malpractice suits be defended?

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Legally reviewed by:
Steven R. Davis and John A. Davis, Jr.
August 4, 2023

When we enter a medical facility, whether it is a doctor’s office or hospital, we expect to be properly treated and get healthier. Whether it is treating an illness or addressing an injury, the goal of everyone is to improve one’s condition. But that does not always happen.
If you find yourself in a situation where your symptoms or condition has not improved or even gotten worse, you may believe it was due to a doctor’s negligence or medical malpractice. But there are several defenses that doctors and medical professionals may cite to protect themselves against a medical malpractice suit.
Doctors may be able to prove that their work falls within the medical standards of that profession. Medical professionals may also be able to prove contributory negligence, which means that the injury, illness, or worsened condition was due to the patient’s own neglect. This may include failing to provide all the necessary information for a doctor to diagnose the condition, or even improper use of prescriptions while treating the condition.
You may have heard of Good Samaritan laws. These can also be used as a defense by medical professionals. In an emergency situation, time is often of the essence and it may not be possible to properly weigh all the potential side effects when it comes to treating a patient who needs immediate care.
With all this in mind, if you believe that you have been the victim of medical malpractice, it is crucial to enter the courts with a strong team at your side who can fight for your rights and prove that negligence is the cause of your worsened condition.
Source:, “Defenses to Medical Malpractice,” Accessed Feb. 20, 2017

John A. Davis, Jr.


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

August 4 2023

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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