Publications

Texas Medical Malpractice Defense is intended as a practical guide for risk managers, general counsel, insurance adjusters and health care providers wanting to familiarize themselves with the defense of a health care claim in Texas. The book reviews every step of litigation, from evaluating the initial incident, developing the defense and assessing exposure, through trial and post-trial motions. Each of the 72 focused chapters contains a summary of statutory law, key cases and practical pointers.

Texas Medical Malpractice Defense is available for $125 through Amazon. Eligible health care providers and insurers may obtain free copies. Please contact us for details.

Authors:

Edward J. Kroger, MD, JD is managing partner of Kroger | Burrus. Dr. Kroger is a graduate of Baylor University, the University of Texas Southwestern Medical School, and the University of Texas School of Law. He completed a residency in Internal Medicine at the University of Texas Health Science Center at Houston. Dr. Kroger represents health care providers and their insurers throughout Texas.

E. Dale Burrus, JD, LLM is a founding partner of Kroger | Burrus. She obtained her Bachelor of Business Administration degree in accounting from Milsaps College, her Juris Doctorate from Washington and Lee University, and her Masters Degree in Health Law from the University of Houston. She focuses her practice primarily on medical malpractice and health care law where she provides medical/legal consulting services related to contractual and regulatory issues.

Managing Editor:

Pei-Chih Lee, JD, MPH

Contributing Authors:

Lauren M. Nelson, JD and Leah A. Greene, JD, LLM

Table of Contents:

I. PRE-SUIT

1. Adverse Events and Incident Reports
2. Investigation and Peer Review
3. Reporting
4. Pre-Suit Resolution
5. Notice of Claim
6. Medical Authorizations and Obtaining Records
7. Pre-Suit Depositions

II. TYPES OF CLAIMS

8. Health Care Liability Claim – Definition and Elements
9. Health Care Provider – Patient Relationship
10. Health Care Negligence and Other Liability Theories
11. Informed Consent Claims
12. Vicarious Liability
13. Emergency Medical Care and EMTALA
14. Wrongful Death and Survival Actions
15. Causation
16. Non-Health Care Negligence Claims
17. Gross Negligence
18. Damages Introduction
    1. Medical Expenses
    2. Loss of Earning Capacity
    3. Loss of Household Services
    4. Funeral/Burial Expenses
    5. Non-Economic Damages
    6. Loss of Consortium
    7. Exemplary Damages
    8. Prejudgment and Postjudgment Interest
19. Damages – Limitations on Recovery

III. ANSWERING A SUIT

20. Statutes of Limitations
21. Court System Structure
22. Plaintiff’s Petition and Service
23. Venue
24. Personal Jurisdiction
25. Misnomer and Misidentification of Defendant
26. Answer – General Denials
27. Affirmative Defenses
28. Jury Demand
29. Amending the Petition or Answer
30. Special Exceptions

IV. INITIAL DEVELOPMENT (FIRST 120 DAYS)

31. Initial Meeting with Defendant
32. Coverage Issues
33. Obtaining Records From Authorizations
34. Selecting Defense Experts

V. PLAINTIFF’S CHAPTER 74 EXPERT OBLIGATIONS

35. Expert Report Requirements
36. Objecting to Plaintiff’s Expert Reports
37. Amending a Statutory Expert Report

VI. DISCOVERY

38. Types of Discovery – Overview
39. Discovery Control Plan
40. Rule 11 Agreements
41. Spoliation of Evidence

VII. WRITTEN DISCOVERY

42. Requests for Disclosure
43. Requests for Admission
44. Interrogatories
45. Requests for Production
46. Obtaining Additional Records and Proving Up Records

VIII. DEPOSITIONS, IME’S AND SUBPOENAS

47. Plaintiff Depositions
48. Defendant Depositions
49. Fact Witness Depositions
50. Independent Medical Examinations
51. Investigators
52. Plaintiff Expert Depositions
53. Defendant Expert Depositions
54. Objections to Experts (Daubert/Robinson)

IX. CASE EVALUATION

55. Case Evaluation

X. PRETRIAL RESOLUTION

56. Motions for Summary Judgment
57. Settlement Demands, Stowers and Response
58. Mediation
59. Ancillary Settlement Issues
60. Guardians Ad Litem
61. Reporting Settlements

XI. TRIAL

62. Trial Preparation
63. Trial in General
64. Pretrial Matters and Motions
65. Voir Dire
66. Plaintiff’s  Case
67. Defendant’s Case
68. Jury Charge
69. Verdict

XII. POST-TRIAL

70. Judgment
71. Post-Trial Motions
72. Appeals

APPENDIX – LEGAL CITATIONS AND ABBREVIATIONS