PRACTICE AREAS
Injury caused by a dangerous or defective condition on someone's property. Examples: poorly maintained stairway, poorly lit walkway, falling object
Premises liability
Name 3 MZ clinics
Post Oak, Humble Back, Katy Back, Eastside Back, etc
Name the SOL for the following situations:
1. Third party claim
2. First party claim
3. Minor plaintiff 3rd party claim
1. 2 years
2. 4 years
3. statute begins running when minor client reaches age of majority (tolled until 18)
The Texas state agency that regulates insurance companies and handles consumer complaints.
Texas Department of Insurance
Your client is MIA and isnt answering your calls. Explain how to handle the situation.
Call text email ALL contacts. Then, if still no luck, send "no contact letters" via certified mail. No more than 3 no contact letters.
Failure to diagnose, misdiagnosis, improper/incorrect treatment, childbirth injuries, surgical error, medication error, poor aftercare, early discharge
Medical malpractice
Name the 3 providers associated with TIN when a client gets a procedure at the surgery center
Meridian, Apricus, Tranquility
Under Texas proportionate responsibility, a plaintiff whose percentage of fault exceeds this number recovers nothing.
50%
What does SIU stand for, and what is it?
Special investigations unit - the department inside an insurance company that investigates claims it suspects may be fraudulent
This procedure uses heat to burn the small nerves carrying pain signals from the spine's facet joints. Relief often lasts 6 to 12 months, so it's usually repeated, which drives up future medical costs.
Radio-frequency ablation
Damage or harm to a person's reputation or character when a false statement is made (bonus if you can name the different types)
Defamation (Slander & Libel)
Quantum's surgery center
Centrum (bonus if you can name the city where it is located)
The amount of time a claimant has to give notice to a governmental unit under the Texas Tort Claims Act.
6 months
Name the big 5 insurance companies
State Farm, Progressive, Geico, Allstate, USAA
A minimally invasive surgery using a small camera, often on the knee or shoulder.
Arthroscopy/arthroscopic surgery
Injury from a faulty design, manufacturing, or marketing. May include consumer good, children's product, dangerous drug, toxic material, defective vehicle part or medical device
Products liability
Momentum's surgery center
Frisco First Surgery Center
Damages meant to punish the defendant, not just compensate the client.
Punitive damages
Name 5 insurance companies that only carry state minimum policies
Fred Loya, First Acceptance, Seaharbor, Constitution MGA, the General, Blue Fire, etc
EXPLAIN THE ERISA PROTOCOL
1. See if there are any health insurance payments on any bills
2. If there are HI payments, check with the client if their HI is ERISA backed
3. If not ERISA backed, we note. No need to put ourselves on notice.
4. If ERISA backed, we need to place ourselves on notice and get itemized lien.
Accidents and injuries occurring on navigable waters, operating under a specialized federal legal framework rather than standard state workers' compensation
Maritime law
Name the only LOP ER providing services to our clients in the greater Austin area
Ally Medical Emergency Room
Meaning "the thing speaks for itself," it applies when an accident wouldn't normally happen without someone's negligence.
What is res ipsa loquitur?
Name 3 conditions to meet a Stowers demand
Texas courts have added these practical requirements:
Client will not have an ERISA-backed health insurance plan if ____________.
Client will not have ERISA if they have HI through the city, state or federal government, the military, law enforcement agencies or if they are a public official or teacher.