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Areas Of Practice

HEALTH CARE PRACTICE TEAM

The legal environment encompassing the health care industry is profoundly unique. The professional reputations and livelihoods of physicians and other health care professionals are at issue in malpractice litigation.

The Health Care Practice Team at Hicks & Llamas, P.C. recognizes the unique concerns of the health care industry and its professionals. The Team focuses on the creative, diligent and aggressive defense of health care cases.

Our health care clients include medical doctors, doctors of osteopathy, doctors of dental surgery, chiropractors, podiatrists, nurse midwives, hospitals (both private and governmental), nursing homes, specialty clinics and professional associations.

We provide the necessary support to our health care clients in each of the following areas, among others:

  • Counseling on liability insurance needs and issues, professional associations and joint practice groups

  • Assistance with medical/legal continuing education needs

  • Medicare, Medicaid and other regulatory issues including abuse and fraud

  • Representation before various boards of examiners and other administrative law entities

  • Counseling to avoid many of the common pitfalls that lead to medical malpractice law suits

  • Aggressive, thorough, efficient defense of medical malpractice cases at the trial and appellate court levels.

GENERAL COMMERCIAL LIABILITY

A substantial portion of the Firm’s litigation and trial experience deals with the defense of personal injury and property damage claims involving theories of negligence, professional negligence, strict products liability, warranty, breach of contract, and related actions or proceedings, including original actions for equitable relief in commercial disputes.

The Firm’s experience in this area includes the spectrum from low-damage, “soft-tissue” cases with undisputed liability to potentially high-damage death or dismemberment claims involving complex, technical disputes of liability, causation or damage.

Subject areas of litigation which have been successfully settled, tried, appealed or dismissed include multiple-party construction and products liability actions, commercial trucking accidents, a variety of commercial and residential premises cases, and all types of commercial and individual motor vehicle accidents.

The Firm also has considerable experience in defending personal dignity tort claims such as malicious prosecution, false imprisonment, slander and libel.

The litigation and trial experience within the Firm includes relatively complicated claims requiring the use of extensive expert evidence in product engineering, varied medical specialties, construction practice and technology, toxicology and food science and various other fields.

This case background provides the Firm with a solid basis for working with clients to develop accurate case evaluations and to anticipate key factual, legal and technical issues.

However, the broader experience in relatively low damage cases of “liability” also provides plenty, of experience in working with clients to reach cost-effective strategies for settling or trying nuisance value cases.

In addition to attorney resources and experience from this case background, the Firm has an experienced team of legal assistants and specialized paralegal professionals with substantial professional skill and local knowledge to assist in finding satisfactory solutions for our clients' litigation problems.

INSURANCE LAW

Insurance defense has made up a large part of the Firm’s practice since its inception in 1984. The Firm has successfully represented more than 1,000 clients on behalf of many prominent insurance carriers.

This third-party insurance practice includes wide experience in all types of tort claims against individuals, corporations, medical and other professionals.

The Firm also represents insurance carriers in first-party bad faith, insurance code, deceptive trade practice and contractual claims.

In addition the Firm provides coverage opinions and other consultation to insurance clients over a wide range of issues arising under the law of Texas and New Mexico, as well as defending life, health and accident claims arising under state law and under the federal law of ERISA.

The scope of the Firm’s insurance practice also includes first-party and third-party disputes regarding surplus lines carriers and related issues of law peculiar to the surplus lines business. The Firm represents excess and umbrella carriers at trial or advisory counsel in potential contractual or bad faith disputes.

Other first-party defense work includes trial representation of workers compensation carriers against employee benefit claims, uninsured and underinsured motorist claims, subrogation claims and a variety of other insurance work.

The Firm also has defended soliciting agents, managing general agents, and licensed recording agents against a variety of contractual, statutory and professional negligence claims.

EMPLOYMENT LAW

Hicks & Llamas, P.C. provides legal services for the defense of management in all types of employee-initiated litigation, as well as providing employment law advice to clients.

Our experience includes the defense of individual and multiple claimant cases, involving state and local civil rights and anti-discrimination matters including defense of workers’ compensation retaliation claims and various Title VII claims.

We have also litigated and negotiated disputes relating to restrictive covenants and breach of stock option agreements for both Plaintiffs and Defendants.

We have served as local or lead counsel in the defense of lawsuits brought under the Employee Retirement Income Security Act (ERISA).

CIVIL RIGHTS AND GOVERNMENTAL ENTITY DEFENSE

In addition, the Firm has wide experience in defending governmental entities including county government hospital districts, and school districts in tort and contract suits.

Members of the Firm also have experience in civil rights defense for governmental units and their employees.

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© 2011 Hicks & Llamas
Attorneys and Counselors at Law
A Professional Corporation

Hicks & Llamas, P.C.
124 W. Castellano Drive Suite 100
El Paso, TX 79912
(915) 834-8400

Except as noted, attorneys are not certified by the Texas Board of Legal Specialization.