A Houston doctor who hired Brown McCarroll to represent him in connection with a Medicare investigation filed a negligence lawsuit against the firm and two of its attorneys.
Al Davies seeks more than $1 million in damages from Brown McCarroll of Austin, now known as Husch Blackwell, and partners Mark Choteau and Deborah Hiser, both of Austin.
Davies alleges in the petition he filed on July 29 that the defendants represented him in a Medicare investigation of Southwest Healthcare and Diagnostics, but “failed to timely and/or adequately respond to Medicare deadlines.” That conduct put him in an “untenable position with Medicare and his future in the medical community.”
“Nothing Davies did or failed to do caused or contributed to cause this occurrence and his continuing losses and damages. To the contrary, after Davies discovered Brown McCarroll’s wrongful conduct, he acted reasonably and prudently to mitigate his damages and is continuing to do so,” Davies alleges in the petition.
Choteau declined comment, saying he had not been served with the petition. Hiser did not immediately return a telephone message. Neither did Adam Hauser, managing partner of Brown McCarroll, which merged on July 1 with Husch Blackwell, a St. Louis-based firm. A spokeswoman for Husch did not respond to an email request for comment.
Plaintiff’s attorney Brett Wagner, a partner in Doherty★Wagner of Houston, did not return two telephone messages.
Davies seeks unspecified monetary damages, costs and interest.
The petition identifies Davies as a physician with an office on the West Loop in Houston.
-- Brenda Sapino Jeffreys