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Another Nail in the Medical Malpractice Coffin

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The Texas Supreme Court dealt another blow to Texans who are victims of medical malpractice on January 14, 2011, in the case of Franka vs. Velasquez. This case should be a wake-up call to all patients who may see a state employed doctor, as this blow is likely fatal to any claim brought against any state employed physician. The court held that no patient in Texas can bring a medical malpractice case against a state employed physician if it involves the physician's decision-making process, and not caused by a condition or use of tangible personal property. For example, if a patient is seen at Memorial Herman Hospital by a University of Texas physician, and that physician fails to diagnose breast cancer that causes the death of a mother of three, the physician will not be held accountable for her death under the Texas medical malpractice laws.

Our law firm advises all patients who see a doctor, determine exactly who that doctor's employer is, and if he or she is a state employee, to change physicians immediately. State employed doctors have complete immunity from their discretionary decisions. Only if the injuries or death was caused by a condition or use of tangible personal property will there be any opportunity to make a medical malpractice recovery.

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  • 2016-2017 Equal Access to Justice Champion

    The Equal Access to Justice Champions Program was started by the Houston Bar Association in 2006, to help ensure placement of Houston Volunteer Lawyers cases with pro bono volunteers. Originally, firms were tiered according to size, and firms within each tier committed to accept a certain number of pro bono cases from HVL each year for five years.

  • The National Trial Lawyers | Top 100 Trial Lawyers

    The National Trial Lawyers: Top 100 is an invitation-only organization composed of the premier trial lawyers from each state or region who meet stringent qualifications as civil plaintiff and/or criminal defense trial lawyers. Selection is based on a thorough multi-phase objective and uniformly applied process which includes peer nominations combined with third-party research.

  • Million Dollar Advocates Forum

    Established in 1993, the Million Dollar Advocates Forum (which includes the Multi-Million Dollar Advocates Forum) is one of the most prestigious groups of trial lawyers in the United States. Membership is limited to attorneys who have won million and multi-million dollar verdicts and settlements. There are over 4000 members throughout the country. Fewer than 1% of U.S. lawyers are members.

  • Recognized by Best Lawyers America | Abraham, Watkins, Nichols, Sorrels, Agosto & Aziz | 2017

    Recognition by Best Lawyers is based entirely on peer review. Their methodology is designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area.

  • Lead Counsel Rated

    In order to earn the Lead Counsel Rating, an attorney must not only demonstrate significant legal experience, but must also receive multiple peer recommendations advocating his or her ability. This is a key component in the screening process.

  • Texas Super Lawyers | Texas Monthly

    Each year, Super Lawyers recognizes the top lawyers in Texas via a patented multiphase selection process involving peer nomination, independent research and peer evaluation. The Texas lawyers who receive the highest point totals during this selection process are further recognized in Texas Super Lawyers Top Lists.

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