Keys to determining fault in a medical malpractice claim

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

The last thing any person expects when they walk into a doctor’s offer is the chance that they will walk out in a condition worse than when they entered. Unfortunately, as we have said before, doctors and medical professionals are human, and human’s make mistakes. Often these mistakes are minor, but there are situations when the mistakes made by doctors or medical professionals could lead a patient to a worsened condition or even death.
In order to pursue a medical malpractice suit, it must be proven that the health care provider was negligent in his or her duties. A doctor-patient relationship is proof of the existence of a duty owed by the health care provider. The patient is also owed a standard of care by the health care professional. There must be a proven to be an injury or illness to the patient. And lastly, it must be proven that there was a causal connection between the patient’s injury and the standard of care owed to the patient.
Medical malpractice may also occur if a medical professional improperly prescribes drugs or a medical device, if a manufacturer’s instructions were ignored or, in some cases, when potential side effects are not provided by the drug manufacturer.
If you believe that negligence played a role in a worsened condition for yourself or a loved one following a medical procedure, you might be entitled to compensation. This could include covering all subsequent medical costs, pain and suffering and even recuperation of lost wages due to the extra time lost due to the doctor’s error that led to the injury or illness.
Source:, “Proving Fault in Medical Malpractice,” Accessed July 17, 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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