Doctors, hospitals and nurses have special, professional duties and responsibilities as they care for patients. When we find ourselves or our loved ones hurt by a medical professional it can be particularly difficult in judging a doctor or nurse who has committed negligence. The difficulty is due to the fact that we know these professionals never meant to do harm and because we think of them as professionals.
Medical malpractice lawsuits have a unique set of legal and medical issues that confront every case. Josh Davis is one of the few trial attorneys that has tried many medical malpractice cases over the years, all over the state of Texas. When picking a jury or deposing a doctor, understanding the unique issues that comprise a medical malpractice case is extremely important.
If you or a family member has been harmed by a doctor, hospital or nurse, you want to contact our office. Please judge us by our past successes as holding medical professionals accountable when they negligently harm their patients.
The Davis Law Group begins by assessing all of the medical records for the patient that was harmed. As part of this review, the Firm consults with the appropriate medical experts to review the medical care that was provided. Then we compare the care received by the patient to the medical care the patient should have received. Doctors, nurses and hospitals are required to deliver every patient “standard of care”—that is, reasonable care given a patient’s clinical presentation. As part of the review Davis Law Group may consult with nurses, nurse practitioners, doctors within that specialty, or hospital administrators.
Once the Firm determines that a doctor, nurse or other healthcare professional failed to meet standard of care and committed negligence, the Firm then answers one question—if we pursue this matter for you and your family can we bring about a degree of justice for the harm you suffered? This is not always an easy answer.
Why? Because Texas enacted “tort reform” in 2003 that “caps” or limits the amount of money an individual or family can collect from a negligent healthcare provider for their pain and mental anguish. The cap is $250,000, and in some cases can be $500,000. But because medical malpractice cases can be extremely costly to litigate, not every negligent act—even acts that cause real, extreme pain and mental anguish—will be worth pursuing. If the Firm files suit against a doctor on your behalf, and we work with you for 1 or 2 years trying to hold that doctor accountable, we want that work to have meaning. If your meritorious case would result in you walking away with a small settlement or judgment after fees and expenses—and after applying the cap to your damages—then you will not be a satisfied client. And we want satisfied clients.
Like doctors or hospitals, holding lawyers accountable is also a unique challenge. The Davis Law Group has the right experience suing some of the largest law firms in the world, and we have succeeded. Suing lawyers can be particularly tough given that lawyers are prone to fight, and can fight for themselves. We are up to the fight.
Legal malpractice cases, like medical malpractice cases, turn on the question of whether a lawyer or law firm met their professional responsibilities to you—whether standard of care was met. In order to make that judgment we evaluate the documents and correspondence that are available, along with any legal filings, and assess whether a lawyer failed to provide you with professional legal services that were reasonable under the circumstances. Thankfully, there are no caps on damages for legal malpractice. But we are usually limited to economic damages and are unable to pursue damages for mental anguish or pain—as much as a lawyer may have harmed you, it is unlikely you could pursue mental anguish or emotional damages due to their negligence. But if that attorney cost you money—a good settlement, a good contract result, or the rights to a piece of land or a business—we will evaluate that claim and make every effort to determine if a case can and should be brought.
If you believe an attorney or law firm has committed malpractice, contact our office. We will evaluate your case fairly.