Medical malpractice for violation of state regulations

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

Behind every business is a whole scene involving regulations, licensure and the hiring and training of employees. Hospitals and other medical providers are no different. The state of Texas has enacted a number of laws and regulations that aim to protect patient safety by shaping the way these healthcare providers operate. Although they may be fined or otherwise sanctioned for failing to abide by these rules, failing to adhere to them can also leave patients at risk of being seriously injured, left with a worsened condition or killed by surgical errors. When this happens, it might be a good idea for a victim and his or her family to look at the applicable laws and regulations to see if any violations could have contributed to the incident.
Under Texas law, for example, ambulatory surgical centers, meaning places where surgeries occur and patients are not kept overnight, are expected to live up to certain minimum standards that are laid out by the state’s healthcare commissioner. The standards apply to many aspects of care, including equipment, sanitation and quality assurance. In order to gauge compliance with these standards, ambulatory surgical centers may be subjected to inspection by the state. Those centers that are found to have committed violations may be subjected to penalties. These penalties may include license suspension, but it might not go that far. Instead, the state may place a center on probation, which gives the center a certain period of time to remedy any issues that were identified by the state. This means that simply because a surgical center is open does not mean that it is in compliance with important safety regulations.
By gathering information and finding out whether a healthcare provider has a history of violations or committed a violation that left him or her hurt, an injured patient may be able to build a medical malpractice claim. If he or she is able to do so successfully, then compensation may be awarded to help cover his or her damages, which may include medical expenses and lost wages. As easy as it may sound, the process can be incredibly complicated by legal procedures. It is therefore often wise to consult with an attorney before pursuing one of these claims.

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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