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Don Karotkin
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A malpractice lawsuit is a serious challenge to your professional standing and livelihood.  Such a challenge calls for dedicated and determined representation that produces results.

In Houston, Texas, and statewide, Don is known for effective ideas and favorable outcomes.  He is a professional defending professionals with over 36 years’ experience in defending professional liability claims and lawsuits.

Attorney Don Karotkin has successfully represented a broad range of clients in disputes related to professional malpractice and insurance. He offers attentive, personal service in high-impact legal matters affecting your career and future.  He focuses on resolving every matter he handles efficiently, timely and economically.

Don Karotkin is an experienced trial lawyer and negotiator whose aggressive advocacy protects your right to practice your profession.

Areas Of Practice

  • Medical Malpractice Defense 35%
  • Dental Malpractice Defense 10%
  • Ethics / Professional Responsibility 35%
  • Legal Malpractice Defense 20%

Certified Legal Specialties

  • Personal Injury Trial Law, Texas Board of Legal Specialization, 1979

Bar Admissions

  • Texas, 1973
  • U.S. District Court Southern District of Texas, 1974
  • U.S. District Court Eastern District of Texas, 1990
  • U.S. District Court Western District of Texas, 1995
  • U.S. Court of Appeals 5th Circuit, 1992
  • Supreme Court of the United States of America, 1994

Education

  • The University of Texas School of Law, Austin, Texas
    • J.D. - 1973
  • University of Texas at Austin, Texas
    • B.A. - 1970

Representative Cases

  • JC Project Management Services, Inc. v. Kitchens, 2018 WL 3203437 (Tex. App. – Tyler 2018, pet. denied)
  • Galloway v. Atrium Medical Center, L.P., 558 S.W.3d 316 (Tex. App. – Houston [14th Dist.] 2018, no pet.)
  • Milton v. Nguyen, 2017 WL 4017872 (Tex. App. – Houston [14th Dist.] 2017, no pet.)
  • Compton v. Jue, 2017 WL 3389644 (Tex. App. – Houston [1st Dist.] 2017, pet. denied)
  • Manning v. Franklin, 2015 WL 4039388 (U.S.D.C., S.D. Texas 2015)
  • Babin v. Haynie, 2013 WL 5498144 (Tex. App. – Houston [1st Dist.] 2013, no pet.)
  • Milton v. Nguyen, 2012 WL 3228835 (Tex. App. – Houston [1st Dist.] 2012, pet. denied)
  • Marquez v. Woody, 440 Fed. Appx. 318 (5th Cir. 2011)
  • Tom v. Estrada, 2011 WL 846578 (Tex. App. – Houston [1st Dist.] 2011, no pet.)
  • Christus Health v. Dorriety, 2011 WL 1886572 (Tex. App. -Houston [14th Dist.] 2011)
  • Marquez v. Quarterman, 2010 WL 1064421, 2010, E.D. Tex.
  • Bay Area Healthcare Group, Ltd. v. McShane, 239 S.W.3d 231, 2007, Tex. Sup. Ct.
  • Bonner v. Texas Children's Hospital, 2006 WL 349510, 2006, Tex. App. - Corpus Christi
  • In re Patel, 2004 WL 163001, 2004, Tex. App. Houston 14th Dist.
  • Peters v. Polk County Memorial Hospital, 7 F.3d 229, 1993, 5th Cir.
  • Jackson v. Coldspring Terrace Property Owners Ass'n, 838 S.W.2d 320, 1992, Tex. App. El Paso
  • Winn v. Di-Minno Hudson, 1990 WL 122119, 1990, Tex. App. Houston 1st Dist.
  • Coleman v. Lumbermen's Mut. Cas. Co., 786 S.W.2d 445, 1990, Tex. App. Houston 1st Dist.
  • Loftin v. Martin, 776 S.W.2d 145, 1989, Tex.
  • Aramco Services Co., v. Redland Fabricating and Welding, Inc., 752 S.W.2d 184, 1988, Tex. App. - Houston, 14th District
  • Kupor v. Solito, 687 S.W.2d 441, 1985, Tex. App. Houston 14th Dist.
  • Martinez v. F.M.C. Corp., 666 S.W.2d 654, 1984, Tex. App. Corpus Christi
  • McClung v. Komorn, 629 S.W.2d 813, 1982, Tex. App. Houston 14th Dist.
  • Montanye v. Transamerica Ins. Co., 638 S.W.2d 518, 1982, Tex. App. Houston 1st Dist.
  • Paulus v. Lawyers Surety Corp., 625 S.W.2d 843, 1981, Tex. App. Houston 14th Dist.
  • Nowlin v. Wheeler, 617 S.W.2d 809, 1981, Tex. Civ. App. Houston 14th Dist.
  • Chrysler Corp. v. Schuenemann, 618 S.W.2d 799, 1981, Tex. Civ. App. Houston 1st Dist.
  • Lawyers Surety Corp. v. Snell, 617 S.W.2d 750, 1981, Tex. Civ. App. Houston 14th Dist.
  • Fidelity & Cas. Co. of New York v. Swayzer, 583 S.W.2d 850, 1979, Tex. Civ. App. Houston 1st Dist.
  • Fillion v. Osborne, 585 S.W.2d 842, 1979, Tex. Civ. App. Houston 1st Dist.
  • Lawyers Surety Corp. v. Hall, 590 S.W.2d 762, 1979, Tex. Civ. App. Houston 14th Dist.
  • British Overseas Airways Corp. v. Tours and Travel of Houston, Inc., 568 S.W.2d 888, 1978, Tex. Civ. App. Houston 1st Dist.
  • Morris v. Kaylor Engineering Co., 565 S.W.2d 334, 1978, Tex. Civ. App. Houston 14th Dist.
  • Warren v. Davis, 539 S.W.2d 907, 1976, Tex. Civ. App. Corpus Christi
  • Aetna Cas. & Sur. Co. v. Ahrens, 414 F.Supp. 1235, 1975, S.D. Tex.

Representative Clients

  • Hon. Travis Kitchens
  • The Medical Protective Company
  • Texas Medical Liability Trust
  • Attorney Protective Company

References

  • Ms. Teresa Canant
  • Ms. Amy Opelt
  • Mr. Rick Bolin
  • Mr. Jim Cartier
  • Mr. Keith Prince

Classes/Seminars

  • Disruptive Behavior and the Law, The Medical Protective Company, 2011 to 2011
  • Risk Management and Loss Prevention, The Medical Protective Company, 2009 to 2009
  • Legal Ethics, Insurance Coverage Litigation, National Business Institute, 2008 to 2008
  • Personal and Advertising Injury Liability Insurance Coverage, Insurance Law Update, National Business Institute, 2007 to 2007
  • Legal Ethics, Insurance Law Update, National Business Institute, 2007 to 2007

Honors and Awards

  • Texas Super Lawyers (Texas Monthly Magazine)

Professional Associations and Memberships

  • American Board of Trial Advocates, Advocate, 1999
  • American Bar Association, Tort & Insurance Practice and Fidelity & Surety Law Sections
  • Defense Research Institute, Member
  • Houston Bar Association, Member
  • Houston Bar Foundation, Sustaining Life Fellow
  • State Bar of Texas, District 4-C Grievance Committee, Chairman, 1987 to 1990
  • State Bar of Texas, Member, 1973
  • Texas Association of Defense Counsel, Member
  • Houston Volunteer Lawyers Program, Inc., Board of Directors, 1992 to 1995
  • Gulf Coast Legal Foundation, Board of Directors, 1993 to 1994
  • State Bar of Texas Committee on Legal Services to the Poor in Civil Matters, Member, 1997 to 1998
  • Texas Bar Foundation, Life Fellow

Past Employment Positions

  • Karotkin, Chase, & Erwin, L.L.P., Managing Partner, 2002 to 2005
  • Karotkin & Engvall, L.L.P., Managing Partner, 1998 to 2001
  • Karotkin & Associates, 1995 to 1997
  • Funderburk & Funderburk, L.L.P., Partner, 1981 to 1995
  • Funderburk & Funderburk, L.L.P., Associate, 1976 to 1981
  • Wyckoff, Eikenburg, Dunn & Frazier, Associate, 1973 to 1976

Pro Bono Activities

  • Board of Directors, Houston Volunteer Lawyers Program, 1992 to 1995
  • Board of Directors, Gulf Coast Legal Foundation, 1993 to 1994

Published Works

  • “The Addicted or Mentally Ill Lawyer: Ethics Complaints and Legal Malpractice Claims, The Houston Lawyer, Volume 57 – Number 6, May/June 2020, pp. 16-19.”