What Constitutes Gross Negligence in a Texas Medical Malpractice Lawsuit?

Free Consultation713-781-5200

  • SuperLawyers General
  • MMDAF logo
  • Million dollar advocates badge 1 1
  • abota bdg
  • 233 2331196 top 40 under national trial lawyers top 100
  • logo av
  • whos who
abby anaday Z3fXPuxa15k unsplash
Legally reviewed by:
Steven R. Davis and John A. Davis, Jr.
March 30, 2023

When a healthcare professional fails to uphold the standards of their duty, it can have significant impacts on the patient or patients under their care. While all humans make errors, doctors who completely disregard the safety of those in their care should be held liable for their actions. Failure to fulfill their duty to the best of their ability can constitute gross negligence. Keep reading to learn more about this and discover how a Harris County, Texas medical malpractice lawyer can help you navigate a claim.

What Is Gross Negligence?

Gross negligence is a legal concept that occurs when someone is egregiously careless when dealing with the well-being of others. Generally, these people do not show regard or thought for others and do not consider the outcome of the actions they engage in.

In order to prove negligence in a medical malpractice suit, it is important to fulfill the burden of proof. The most important things that must be established are that the negligent party owed a duty of care to the injured party and that the negligent party breached that duty. In medical malpractice cases, proving that someone was under the care of a healthcare provider is relatively simple. However, proving that the doctor breached the duty of care is where these cases can get tricky. In some instances, a doctor may argue that they truly believe they were offering the patient the best course of action for their condition.

However, gross negligence is almost always abundantly clear due to the egregiousness of the actions. For example, a doctor showing up to work and providing care for patients while intoxicated or failing to read a patient’s chart and performing surgery on the wrong part of their body are both examples of gross negligence on behalf of the medical professional.

What Should I Do If I Suffered as a Result?

If you’ve been injured due to the gross negligence of a medical professional, taking the correct steps is essential to getting the justice you deserve. You should retain any and all documents you receive from the hospital and request copies of your charts, files, and consent forms. Though it can seem obvious in some instances, proving gross negligence can often be challenging for many.

It’s essential to understand the parties that can be held liable in gross negligence cases. Not only can you file a claim against the healthcare provider, but you can also sue the medical center where they are employed. Hospitals and doctor’s offices are responsible for providing the necessary training and reviewing the performance of their employees.

When you need help, Davis & Davis is here for you. Our dedicated legal team understands how devastating the effects of medical malpractice are, and we will do everything in our power to help hold the negligent parties responsible. Contact us today to learn how we can help you navigate this challenging time.

John A. Davis, Jr.


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

March 30 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.

✓ Fact Checked