Stewart Stimmel
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James M. “Mac” Stewart

James M. “Mac” Stewart

Partner

Phone: 214-752-7471
Email: mac@stewartstimmel.com
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Areas of Concentration:

Health Care Litigation
Health Care Operations
Peer Review/Credentialing
Health Care Risk Management
Health Care Professional Licensure Matters



Health care providers and institutions consistently seek Mac’s counsel when faced with their most serious legal concerns. He has a broad knowledge of operational issues and assists his clients in the development of effective management practices. His experience includes representation of not for profit, for profit and academic institutions. He has represented hospitals, doctors, nurses and pharmacists in a wide range of regulatory matters. Mac is routinely called upon by Hospital Systems on issues related to medical staff relations, peer review matters, crisis responses and risk management. In his twenty eight year career, he has tried to verdict and successfully defended virtually every type of health care liability claim that can be asserted. He has special interest and experience in all types of birth injury cases.


Specific Experience
  • Litigates commercial, professional and general liability matters in state and federal courts.
  • Develops medical staff and hospital bylaws, medical staff rules and regulations.
  • Handles credentialing and peer review matters including representation of medical staff executive committees, acting as hearing officer in due process hearings.
  • Represents health care providers before licensing agencies and various regulatory bodies.
  • Drafts hospital policies and procedures.
  • Evaluates and develops proactive risk management strategies.
  • Provides guidance on matters surrounding crisis management issues. 
  • Negotiates complex litigation settlements, including placement of settlement funds in trust for return to client with interest.
  • Participates in standing hospital committees.
  • Handles reimbursement disputes with health care payors.
  • Reviews and drafts contracts and other business documents.
  • Monitors liability loss runs and determines appropriate liability reserves.
  • Advises providers, administrators and Boards on operational and strategic issues.
  • Investigates pre-suit commercial and liability disputes and claims.
  • Handles state and federal litigation appeals.
  • Develops state policy on medical consent as a member of the statutorily created Texas Medical Disclosure Panel.
  • Lectures to hospitals, academic medical centers, medical staff grand rounds, physicians, nursing organizations, healthcare support organization and attorneys.
  • Acted as outside general counsel for two hospitals.
  • Served as a briefing attorney for the Chief Justice of the Seventh Court of Appeals of Texas.
   
Education
  • Texas Tech University School of Law, J.D.
  • Texas Tech University, B.B.A.
   
Speeches and
Publications

Mac has delivered numerous speeches over the last three decades to many health care institutions.  He is also a frequent speaker at attorney continuing education events.  The following is a list of topics on which Mac speaks regularly:
 

  • Current and Evolving Trends in Health Law
  • Professional Liability
  • Risk Management
  • Documentation
  • Litigation Avoidance and Management
  • Peer Review
  • Sentinel Events
  • Tort Reform
  • Wrong Site Surgery
  • Cross Examination of Experts
  • Policies and Procedures
  • Informed Consent
  • The Art of the Apology
  • Nursing and the Law
  • Licensing Board Investigations and Actions

James M. Stewart:  Informed Consent:  Texas Standards and Duty.  BUMC Proceedings, 1995;8(2): 47-50

James M. Stewart:  A Patient’s Right to Refuse Medical Treatment.  BUMC Proceedings, 1995;8(3): 33-38

"Advancing Clinical Expertise:  Law, Liability and Your License.", February 20, 2009

   
Activities, Affiliations
& Honors
  • Texas Super Lawyer, Texas Monthly, 2003 - 2009
  • American Board of Trial Advocates
  • American Health Lawyers Association
  • American Bar Association – Health Law Section
  • State Bar of Texas – Health Law Section
  • Dallas Bar Association – Health Law Section
  • Texas Medical Disclosure Panel – Appointed Member
  • Texas Bar Foundation – Fellow
  • Texas Association of Defense Counsel
  • Dallas Association of Defense Counsel (President 1999)
  • Dallas-Fort Worth Hospital Council
  • Defense Research Institute
  • Association of Trial Lawyers of America (Associate Member – Defense)
  • Dallas West End Association – Board of Directors
  • Lawdragon 500 “Leading Lawyer in America”
  • Selected for inclusion in the 2011 Best Lawyers in America, published by Best Lawyers, the oldest and most respected peer review publication in America
   
Admitted to Practice
  • Texas
  • United States Court of Appeals for the Fifth Circuit
  • United States District Courts for the Northern and Eastern Districts of Texas
Attorneys


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Mary Jean Geroulo
Brian Hunt
Landon L. Krueger
Vernon L. Krueger
Brandon S. Kulwicki
Marlow J Muldoon, II
James M. “Mac” Stewart
Linda M. Stimmel