The article, "Texas Healthcare Providers Weigh Arbitration Agreements
," discusses the potential implications of the Texas Supreme Court ruling in Fredericksburg Care Co. LP v. Perez
that a Texas nursing home was wrongfully denied arbitration due to the formatting of a clause in a preadmission agreement.
“I suspect that most savvy nursing home operators and hospitals will put arbitration agreements in their admissions packets and you’ll see this in the coming years,” Mr. James said.
Monte said the added costs of required arbitration could decrease malpractice suits as hospitals and nursing homes begin to require patients to sign arbitration agreements before receiving care.
Monte represents several Fortune 500 companies in litigation matters throughout Texas and the surrounding states. Litigation for these entities includes commercial litigation, healthcare litigation, negligence actions, construction litigation, product liability claims, bad faith claims, antitrust claims, False Claims Act or qui tam
actions, reimbursement matters, trademark infringement litigation, and state and federal civil monetary penalty actions. He has represented numerous professionals in malpractice actions including physicians, attorneys, registered representatives, engineers, architects and insurance representatives. Monte has extensive bench and jury trial experience in both federal and state courts, including more than 20 jury trials. The vast majority of his practice has been representing defendants in litigation matters. Additionally, Monte has represented a number of corporate clients as plaintiffs in commercial cases, and has also successfully arbitrated a number of cases for corporate clients to final arbitration awards. He is a Fellow of the Litigation Counsel of America. Monte received his B.B.A. from Baylor University and his J.D. from Baylor University School of Law.