Our Dallas Office

Mailing address:
P.O. Box 224626
Dallas, Texas 75222

Physical address:
2223 W Jefferson Blvd.
Dallas, Texas 75208

214.946.8000 phone
214.946.8433 fax

Our Santa Fe Office

505 Cerrillos Road, Suite A209
Santa Fe, NM 87501

505.986.0600 phone
505.986.0632 fax

Our Houston Office

2000 West Loop South, Suite 2200
Houston, Texas 77027

713.401.9901 phone
214.946.8433 fax

Peter Kelly urges the Texas Supreme Court to reconsider arbitration in medical malpractice cases.

Peter Kelly is urging the Texas Supreme Court to reconsider its March 6, 2015 decision in The Fredericksburg Care Co., L.P. v. Juanita Perez, et al. (No. 13-0573), and the Texas Trial Lawyers Association, the Texas Association of Defense Counsel, the Texas Chapter of the American Board of Trial Advocates, and even Texas Mutual Liability Trust, a medical malpractice insurer, have joined him in that request.  The opinion holds that the Federal Arbitration Act preempts a provision of Texas’s medical malpractice statute that allows medical malpractice cases to be subject to arbitration, but only if certain statutory notices are provided in the arbitration agreement and the agreement is signed by the patient’s attorney.  The opinion can be found here, Peter’s briefs and those of the other amici can be found here, and a Texas Lawyer article about the case can be found here.

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