Professional Liability

Davis & Wright attorneys advise and represent individuals and entities in matters related to professional liability in the following fields:

  • Health care, including physicians, nurses, dentists, and other licensed health care practitioners as well as hospitals and other health care institutions
  • County and hospital district hospitals under the Texas Tort Claims Act
  • Attorneys and law firms
  • Accountants and accounting firms
  • Architects and engineers
  • Insurance agents and brokers
  • Real estate agents and brokers
  • Government-employed physicians, nurses and other health care professionals

Our attorneys are experienced in providing professional services ranging from legal counsel and risk management to mediation, civil jury trials and appeals in state and federal court and arbitration. Our attorneys understand the implications of professional liability claims on our clients’ licenses and certifications and work with our clients to limit the impact of claims and litigation on professional licenses, privileges and certifications.

Services that the Professional Liability Practice Group provides include:

  • Serving as personal counsel to individuals or their professional entity when either are represented by insurance defense counsel
  • Acting as primary defense counsel directly or through the insurance carrier
  • Providing counsel and advising on risk management and risk reduction for professionals, their professional entity and their staffs
  • Acting as regional, state or national coordinating counsel
  • Analyzing and providing advice regarding the scope of professional liability insurance coverage, adequacy of coverage, and, where appropriate, the adequacy of insurance claims staff and defense counsel claim management
  • Staffing minor and major claims efficiently by working closely with clients and, where appropriate, their insurance company representatives, in limiting exposure to both professional liability damages and the costs and expenses related to defense of claims and lawsuits
  • Reviewing compliance with state and federal regulations, professional licensing boards and professional standards
  • Speaking and providing continuing education to our clients and their professional trade associations

    Representative Cases

    HEALTH CARE PRACTITIONERS

    • Represented a physician and his group in a hospital birth injury lawsuit based on allegations that the negligence of the physician and hospital staff in the delivery of a baby caused significant birth injuries, including cerebral palsy and metal retardation. Davis & Wright attorneys successfully defended the care before a jury after a two-week jury trial without an appeal following the trial.
    • Represented a long-term, acute care facility in a lawsuit alleging negligence in connection with the nursing care provided. The matter was resolved by informal settlement negotiations to the satisfaction of the client.
    • Represented a physician in a medical liability death case in which the Plaintiffs alleged surgical negligence that caused death. The lawsuit was dismissed on a motion to dismiss based upon failure of the Plaintiffs to comply with health care liability laws. The dismissal was upheld on appeal.
    • Represented an emergency room physician and group in multi-defendant state district court lawsuit brought by a physician plaintiff. Physician and group dismissed after mediation without settlement.
    • Represented radiologist in federal court case brought by foreign nationals related to review of imaging from emergency room. Dismissed from lawsuit after designation of defense experts without settlement.
    • Represented orthopedic surgeon in total hip replacement case in district court. Obtained summary judgment and recovered expenses and court costs.
    • Represented hand surgeon in lawsuit brought by “week-end” athlete who claimed disability of wrist and hand due to negligent wrist surgery. Surveillance video at public golf course showed Plaintiff on driving range for an hour. Lawsuit dismissed first day of trial.

    ATTORNEYS

    • Represented an attorney and his law firm in the United States District Court in the Northern District of Texas, Fort Worth, Texas, in a suit whereby an excess insurance company alleged that the attorney, while acting as defense counsel, negligently handled pre-trial discovery issues that caused a significant, adverse jury verdict. The case was resolved in favor of the attorney with no hearings and no trial before the judge.

    ENGINEERS

    • Represented an engineer and his company in a lawsuit in which the plaintiff developer of a landfill contended negligence in selection of the site and the design of the landfill.
    • Represented an engineer and his company in a lawsuit in which the plaintiff developer of a large multi-family apartment complex alleged negligence in the design of drainage and grading at the complex.
    • Represented an engineering company in a case in which a city alleged negligence in design and material selection in the construction of a water treatment plant. The case was tried to a jury in the longest civil trial in the county’s history to a defense verdict.

    INSURANGE AGENTS

    • Represented an insurance agent in a suit claiming negligence in obtaining adequate insurance coverage