Kenneth Patterson | Mayer LLP

Kenneth Patterson Partner

214.379.6277

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Kenneth Patterson has been a trial lawyer for over 46 years, primarily defending personal injury and medical malpractice cases on behalf of his clients. Ken has tried cases in 20 different Texas counties and has completed approximately 80 major medical malpractice trials. He has a remarkable track record of success, having achieved a favorable verdict for his clients in the vast majority of cases tried. Ken has also had many trial and appellate successes in non-medical matters. He has been repeatedly named as a Texas Super Lawyers and has the rank of “Advocate” in the invitation-only prestigious American Board of Trial Lawyers (ABOTA).

Ken is adept at handling all types of personal injury and wrongful death cases. He has primarily defended physicians, but also represents several hospitals, including Shannon Medical Center in San Angelo. He also protects physicians and other health care providers before the Texas Medical Board, the Texas Board of Nurse Examiners and other regulatory agencies.

Because of his familiarity with health care issues and institutions, Ken is called upon to teach health care providers about new legal requirements and provide risk management services to physicians who want to provide and document care to reduce the risks of lawsuits and complaints. He also has taught seminar classes at Schools of Nursing including, Brook Army Medical Center in San Antonio and the Harris College of Nursing at TCU.

Ken is a native Texan who completed all of his academic training at Baylor University. Upon his graduation from Baylor Law School, he had an extensive amount of instruction in litigation. As a student, he was a successful member of the Baylor Moot Court Competition teams and won a National Championship for Baylor in the 1980 National Mock Trial Competition, sponsored by the American College of Trial Lawyers.

Ken enjoys an excellent reputation all over Texas having practiced 25 years in North Texas and 21 years in San Antonio.

Services

Healthcare
Litigation

Education

Baylor University Law School, J.D., 1980
Baylor University, B.A., 1978

Admissions

State Bar of Texas, 1980
Supreme Court of Texas
United States Court of Appeals 5th Circuit
United States District Court for the Eastern District of Texas
United States District Court for the Northern District of Texas
United States District Court for the Southern District of Texas
United States District Court for the Western District of Texas

Representative Experience

Obtained a unanimous defense verdict in a medical malpractice case involving allegations that debris remained undiscovered following lifesaving abdominal surgery.
Secured a defense verdict for a neurologist and neurophysiologist in a case involving alleged paralysis following back surgery and the remote monitoring of nerve signals.
Obtained a defense verdict in a medical malpractice case arising from alleged postoperative surgical complications.
Secured a defense verdict in a case alleging the misinterpretation of a CT scan.
Obtained a defense verdict in a medical malpractice action involving the alleged misdiagnosis of choroidal melanoma.
Secured a defense verdict for two physicians in a case alleging a failure to respond appropriately to postoperative changes.
Obtained a defense verdict for a nurse practitioner accused of failing to transfer a skilled nursing facility patient to a hospital.
Secured a defense verdict in a case alleging an operative injury to the ureter during a hysterectomy.
Obtained a defense verdict in a case alleging a failure to timely diagnose a partially obstructed ureter following a hysterectomy.
Secured a defense verdict in a wrongful death case involving allegations that a rare liver condition was not timely diagnosed.
Obtained a defense verdict in a wrongful death action arising from an alleged overdose of pain medication.
Secured a defense verdict in a catastrophic-injury case involving allegations of improper management of maternal blood loss during pregnancy.
Obtained a defense verdict in a wrongful death case involving a pulmonary embolism in a pregnant patient.
Secured a defense verdict in a case involving the treatment of multiple lacerations sustained during a fall.
Obtained a defense verdict for a children’s hospital in a case involving emergency transport care provided to an infant.
Secured a defense verdict in a case alleging a failure to diagnose chronic hypertension before an intraventricular hemorrhage.
Obtained a defense verdict following the retrial of a medical malpractice case that had been remanded on appeal.
Secured a defense verdict in a case alleging that surgery performed for liver disease was unnecessary.
Obtained a defense verdict for a hospital in a wrongful death case involving an elderly patient’s fall.
Secured a defense verdict for a hospital in a case involving allegations of severe brain injury to an infant during labor and delivery.
Obtained a defense verdict for a psychiatric hospital in a catastrophic-injury case involving an attempted suicide and resulting persistent vegetative state.
Secured a defense verdict in a wrongful death case involving an adolescent who died from myocarditis after being discharged from an emergency room.
Obtained a defense verdict in a case alleging negligence during spine surgery that resulted in a major bleeding complication.
Secured a defense verdict in a wrongful death case involving a fatal heart attack shortly after evaluation by a family-practice physician.
Obtained a defense verdict in a case alleging negligent postoperative instructions following back surgery.
Secured a defense verdict in a case involving alleged surgical negligence during a bladder-suspension procedure.
Obtained a directed verdict in a case involving an alleged femoral nerve injury during anterior and posterior spinal-fusion surgery.
Secured a defense verdict in a case involving an alleged urethral injury during orthopedic surgery.
Obtained a defense verdict on retrial after the case was remanded following an appeal of an earlier defense verdict.
Secured a defense verdict in a wrongful death case involving allegations of failure to diagnose and treat a ruptured uterus during childbirth.
Obtained a defense verdict for a hospital in a case seeking more than $25 million arising from the care of an extremely premature infant.
Secured a defense verdict in a case involving an infant’s fractured clavicle following a cesarean delivery.
Obtained a defense verdict in a case involving an alleged disability following the administration of a tetanus injection.
Secured a defense verdict in a case alleging surgical errors during an anterior cruciate ligament repair.
Obtained a defense verdict in a birth-injury case involving allegations that complications from an incarcerated uterus caused severe brain damage.
Secured a defense verdict in a case alleging a lack of informed consent for a neurological procedure involving a congenital spinal condition.
Obtained a defense verdict for a cardiothoracic surgeon, as well as a directed verdict for the surgeon’s practice, in a wrongful death case following cardiac bypass surgery.
Secured a defense verdict in a catastrophic-injury case involving quadriplegia sustained during cervical spine surgery.
Obtained a defense verdict in a case alleging a delayed diagnosis of Hodgkin’s disease.
Secured a defense verdict in a wrongful death case involving the alleged improper discharge of a postoperative patient.
Obtained a nonsuit during trial for a physician in a wrongful death case involving the alleged misdiagnosis of an aortic dissection.
Secured a favorable settlement for a physician following jury selection in an obstetrical malpractice case involving a severely brain-injured premature child.
Obtained a defense verdict in a case alleging improper knee surgery.
Secured a favorable settlement for a physician following jury selection in an obstetrical wrongful death case involving a placental and umbilical cord abnormality.
Obtained a defense verdict in a case involving a stroke suffered during a surgical procedure.
Secured a defense verdict in a wrongful death case involving a patient’s suicide following alleged dental malpractice.
Obtained a defense verdict in a case involving the alleged misdiagnosis of a rare head-and-neck tumor.
Secured a favorable settlement following jury selection in a case involving alleged birth injuries and the subsequent death of a child.
Obtained a nonsuit after two days of testimony in a birth-injury and cerebral palsy case.
Secured a defense verdict in a birth-injury case involving severe brain damage allegedly caused by a ruptured uterus.
Obtained a defense verdict in a case involving an infection following the implantation of a prosthetic medical device.
Secured a defense verdict for an ophthalmologist and medical practice in a case involving blindness following cataract surgery.
Obtained a defense verdict for emergency physicians and an emergency medicine group in a case alleging failure to diagnose a heart attack.
Secured a defense verdict for an anesthesiologist and certified registered nurse anesthetist in a case involving severe brain injury to an infant.
Obtained a defense verdict in a wrongful death case involving an alleged delay in treating a child with meningitis.
Secured a favorable settlement during jury deliberations in a case involving cardiac catheterization and the subsequent loss of the patient’s legs.
Obtained a defense verdict in a birth-injury case alleging that inadequate prenatal care resulted in premature birth and severe brain damage.
Secured a defense verdict in a case alleging the misdiagnosis of an ectopic pregnancy.
Obtained a defense verdict in a case challenging the use of a spinal injection procedure.
Secured a nonsuit following jury selection in a birth-injury and cerebral palsy case.
Obtained a defense verdict in a case alleging the misdiagnosis of appendicitis.
Secured a defense verdict for two physicians in a wrongful death case involving the alleged misdiagnosis of a cardiac condition.
Obtained a defense verdict in a case involving a leg amputation allegedly caused by inadequate antibiotic treatment.
Secured a defense verdict for an emergency physician in a case alleging the misdiagnosis of a heart attack.
Obtained a defense verdict in a case involving the alleged misdiagnosis of acute respiratory distress syndrome.
Secured a defense verdict for two physicians in a case involving catastrophic injuries allegedly caused by medical treatment.
Obtained a defense verdict in a pediatric case involving an injury caused by intravenous infiltration.
Secured a defense verdict in an obstetrical wrongful death case involving necrotizing fasciitis.
Obtained a defense verdict in a case involving a perforated colon.
Secured a defense verdict for two physicians in a case alleging improper surgical technique.
Obtained a defense verdict in a wrongful death case involving alleged improper anticoagulation treatment.
Secured a directed verdict for an emergency physician in a case alleging misdiagnosis following a motorcycle accident.
Obtained a defense verdict for an emergency physician in a case alleging failure to diagnose a hip fracture.
Defended three physicians in a medical malpractice case that resulted in a hung jury and was later dismissed upon payment of court costs.
Secured a defense verdict in a case involving an alleged pneumothorax following an injection.

Publications & Speeches

“The Physician as an Expert Witness” (American Academy of Disability Evaluating Physicians - Overview Course, March 1993).
“Overview of New Legislation Impacting Physician Liability” (Defense Counsel of San Antonio - Tort and Insurance Law Update Seminar, August 1995).
“Jury Selection in the Real World - A Defense Perspective” (Choosing and Courting a Jury - State Bar of Texas, CLE Seminar, May 1996).
“Developing Case Themes from a Defense Perspective” (Medical Malpractice Conference - St. Mary’s and Texas Tech Schools of Law, April 1997).
“The Anatomy of a Medical Malpractice Case” (Updates in Perinatal Care - Texas Perinatal Association Annual Meeting, September 9, 2000).
“Assisting Your Attorney” (Litigation Orientation Program sponsored by American Physicians Management Company, June 2005).
“The Anatomy of a Medical Malpractice Case” (Nursing Education Seminar sponsored by Brooke Army Medical Center, October 2005).
“Vioxx and Other Drug or Medical Product Litigation - Do’s and Don’ts” (Presentation at annual meeting of Texas Osteopathic Physicians, January 2006).
“Surviving a Board Investigation” (Presentation for San Antonio Association of Anesthesiologists, February 2007).
“Disclosure and Apology: Responding to Unanticipated Outcomes” (Webinar sponsored by American Physicians Management Company Insurance Services, June 2007).
“Learning the Lessons of Litigation: Mock Trial” (Educational Seminar at Children’s Medical Center-Dallas, August 2008).
“The Anatomy of a Medical Malpractice Case” (Nursing Education Seminar sponsored by Shannon Medical Center - San Angelo, November 2008).
“Disclosure and Apology: Responding to Unanticipated Outcomes” (Presentation to Medical Staff of Shannon Medical Center - San Angelo, November 2008).
“The Trial of a Medical Malpractice Case” (Educational Seminar and Mock Trial at Children’s Medical Center - Dallas, August 2009).
“Interpreting the Legal Monitoring Strip” (Educational Seminar of TPA at Shannon Medical Center, September 2009).
“Electronic Medical Records: Friend or Foe?” (17th Annual Gus Eckhardt Trauma Symposium at Shannon Medical Center, April 2017).
“Electronic Medical Records: Friend or Foe?” (Presentation to Medical Staff of Shannon Medical Center - San Angelo, February 2018).
“Electronic Medical Records: Friend or Foe?” (Class session taught twice a year to graduate nursing students at Harris College of Nursing TCU, initiated, October 2018) (Repeated in February 2019).
“EMR and the Reassuring Legal Monitoring Strip” (Presentation for Texas Health Dallas at OB/GYN Grand Rounds Presbyterian Hospital, July 2019).
“Surviving a Texas Medical Board Investigation” (Presentation for Preferred Physicians of America Hurst, November 2019)