What should I do in the event of medical malpractice?

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Legally reviewed by:
Steven R. Davis and John A. Davis, Jr.
August 4, 2023
Doctors and other health care professionals are expected to exercise a reasonable degree of care when taking care of patients. However, this does not always happen, thus leading to serious injuries in Texas. In such cases, the party deemed at fault may be held liable through the civil court system in a medical malpractice lawsuit.
What are some common medical malpractice issues?
Malpractice in the medical setting may include a misdiagnosis, hospital errors or birth injuries. It can also include surgical errors. Another specific issue that can be addressed through a malpractice claim is brain injury, which may occur as a result of medical professionals’ failures to adequately watch patients who are at risk for drug interactions or complications, as well as damage stemming from oxygen deprivation. Sometimes medication errors happen where a doctor administers contraindicated drugs or causes a drug overdose that leads to a brain injury-causing seizure or stroke. In addition, cardiology malpractice includes the failure to comprehend and diagnose hazardous cardiac problems properly.
Who may be sued for medical malpractice?
Malpractice is not limited to physicians’ behaviors. It can also apply to other parties who offer health care services, including pharmaceutical companies, health care facilities, anesthesiologists and nurses. Hospitals may face direct liability for their negligence and may also face vicarious liability for their employees’ negligence. In addition, pharmaceutical companies may be held liable if their drugs caused patient injuries and the companies did not warn doctors of the potential dangers or side effects of their drugs.
In some cases, medical providers, such as doctors, are considered to be independent contractors instead of hospital employees. In these situations, if they commit malpractice while taking care of patients in hospitals, the hospitals will likely not be held liable for the negligence of the physicians.
What are my rights in a medical malpractice situation?
Because medical malpractice cases are complex, it is imperative that you contact a knowledgeable attorney as quickly as possible following a malpractice incident. If you have suffered an injury as a result of what you believe is medical malpractice in Texas, you have the right to file a liability claim against the allegedly at-fault party, seeking the reimbursement of damages. Liability has to be established to the satisfaction of the civil court hearing the case, based upon a showing of negligence, before claims for damages will be determined. A successfully fought claim may result in a monetary award that can help to cover medical bills and other related losses.
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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