What We Do

MEDICAL MALPRACTICE DEFENSE

We represent physicians, hospitals, clinics, allied health professionals, training institutions and their insurers in professional negligence lawsuits before state and federal trial and appellate courts.

Kroger Burrus Nelson attorneys have successfully tried cases in multiple jurisdictions throughout the state of Texas for 30 years. Kroger Burrus Nelson is uniquely qualified, because of their education, experience, and connections with the medical community, allowing them to serve and relate to physicians and risk managers during the emotional and disruptive litigation process. Kroger Burrus Nelson attorneys are proven successful trial lawyers. We have literally written the book on defending healthcare liability cases in Texas.

Board Representation

We represent physicians, nurses and allied health practitioners before their respective Texas licensing boards.

Kroger Burrus Nelson successfully defends physicians, dentists, nurses, nurse practitioners, physician assistants, pharmacists, physical therapists, and counselors before their respective Texas licensing boards. The process begins with an investigation, at which time legal input may be successful in averting a formal investigation. If the board continues to pursue an action, Kroger Burrus Nelson will aggressively defend the practitioner through an informal settlement conference, an administrative hearing, or a jury trial, if necessary. Counsel should be engaged as soon as possible to significantly shorten the process and obtain the best result possible.

Risk Management

We advise healthcare risk management departments on all aspects of patient care, event handling, medical ethics, investigations, claims negotiation, reporting issues, policies and procedures, quality assurance and patient safety.

Kroger Burrus Nelson works closely with hospital risk management departments to assist in litigation prevention and to address issues that will keep patients safe and improve the quality of healthcare. The attorneys at Kroger Burrus Nelson have 30 years of experience in the health care industry and are proficient in health law issues. We partner with institutions to help solve issues that risk managers regularly address.

Healthcare Compliance

We assist medical professionals with compliance and investigations of federal and state regulatory laws including Stark, illegal remuneration, third-party reimbursement, and HIPAA/HITECH.

Health professionals must comply with a constantly evolving regulatory environment that is unique to health care. Kroger Burrus Nelson can assist in navigating the laws, assisting providers to ensure compliance. Many arrangements that providers wish to develop implicate federal and state laws prohibiting self-referral or illegal remuneration. The arrangements can be structured to meet exceptions or safe harbors to these rules, so providers are not subject to investigations, fines or removal from payor programs.

In the age of digital information, patient confidentiality is increasingly important. Kroger Burrus Nelson is experienced in developing policies and procedures to ensure your practice is in compliance with federal HIPAA and HITECH and Texas regulatory laws. If an information breach occurs, Kroger Burrus Nelson can assist in the notification process.

The regulatory landscape requires knowledgeable and effective counsel so that your practice can run smoothly and avoid regulatory entanglements.

Healthcare Regulatory Defense

We represent institutions and individuals in civil and criminal healthcare regulatory investigations and proceedings.

Sometimes even the best institutions and providers become the subject of governmental investigations and prosecutions. Having experienced and knowledgeable counsel to navigate these events is crucial. Kroger Burrus Nelson has experience in working with government officials to achieve the best result in billing inquiries, investigations into alleged noncompliance and allegations of false claims. The process can be emotionally and financially impactful. Kroger Burrus Nelson will zealously represent your interests through this critical process.

Peer Review

We counsel institutions and individuals in healthcare credentialing and privileging and provide representation in peer review disputes through trial.

Providing a quality medical and nursing staff is crucial to providing safe and effective health care. Disciplining providers often takes courage and involves tough decisions. Peer review actions can lead to administrative hearings and legal actions in the courts. Kroger Burrus Nelson has experience defending both institutions and practitioners in the peer review process. From the beginning of a disciplinary action, effective counsel can ensure compliance with institution bylaws and state and federal laws, so the parties can reach the best solution.

Contracts

We review, prepare and negotiate contracts between and for healthcare providers.

Contractual professional relationships are an effective way for both parties to know and understand the provisions of employment, leasing, and vendor contracts. Knowing that the end of a contractual relationship is where most conflicts happen, Kroger Burrus Nelson can draft and negotiate contracts that are both compliant with the law and in the best interest of its clients so potential disputes can be avoided.

Healthcare Entity Formation

We create for-profit and non-profit corporations and partnerships and provide practical business advice to these new entities.

The formation of business entities is something any business lawyer can do. However, in the healthcare industry, additional regulatory provisions require knowledge of healthcare regulatory law. Issues such as self-referral, anti-kickback and the corporate practice of medicine require that businesses are formed in compliance with state and federal requirements. Creation of bylaws and policies and procedures to provide appropriate healthcare and maintenance of patient confidentiality are paramount for entities. Non-profit health entities also pose unique problems, specifically as it relates to board responsibilities and liabilities. Kroger Burrus Nelson has knowledge and experience to address these issues.

Healthcare Business Strategy and Operations

We have a business education and experience that we bring to partnerships with healthcare providers to help analyze and solve operational and strategic problems. We appreciate the difficulties in addressing the triple aim – improving quality, access, and cost – all at the same time. We have access to business experts in academic centers and in practice who can bring a team approach to providing ideas and create a path forward in addressing difficult healthcare business problems.

Bioscience Startups

We partner with entrepreneurs to create healthcare, biotechnology and bioscience companies including entity formation, intellectual property protection and financing in Houston’s thriving center of medical innovation We appreciate that new entities are lacking in financial resources at the very time when they could most benefit from sound business and legal advice. We can work with startups within financial limitations to ensure the best start to their operation.

Employment Law

We defend clients in employment disputes including claims for wrongful termination, discrimination, sexual misconduct, and retaliation.

Kroger Burrus Nelson serves its healthcare clients in addressing the myriad of employment controversies facing employers. Patient care and regulatory matters complicate these issues for health providers. Kroger Burrus Nelson assists clients in resolving employment issues, including, when necessary, through litigation.

General Litigation

We handle insurance defense litigation including product liability, premises liability, and other commercial matters.

The attorneys at Kroger Burrus Nelson use their courtroom experience to provide representation in non-healthcare matters. Knowledge of medicine can be important in defending personal injury actions. Our firm represents international corporations and their insurers in a wide array of litigated claims.