Matt McCracken

Principal

Overview

Matt McCracken  has more than thirty years of trial, appellate and administrative law experience representing medical, legal, insurance and other professionals as well as product manufacturers, energy companies, telecommunications companies and medical institutions. Matt has defended numerous doctors, nurses and insurance professionals at their respective licensing boards. Matt is a well-known figure at the Texas Medical Board where he guides doctors through the professional disciplinary process and licensure issues.

Notably, Matt briefed and argued the seminal case of American Transitional Care v. Palacios; 46 S.W.3d 873 (Tex. 2001) at the Texas Supreme Court. This important decision established minimum standards for preliminary expert reports in medical malpractice cases, and set the standard of appellate review in dismissals of medical malpractice cases under Tex. Rev. Civ. Stat. Ann. Article 4590i §13.01, now Tex. Civ. Prac. & Rem. Code Chapter 74. This case has been cited by appellate courts over 5,000 times and continues to instruct and inform judges and lawyers across the State of Texas.

Practice Areas

Administrative LawAppellate LawCivil LitigationHealth LawMedical MalpracticeProducts LiabilityProfessional Malpractice Defense

Bar Admissions

  • Texas
  • United States Supreme Court
  • U.S. Court of Appeals for the Fifth Circuit
  • U.S. Court of Appeals for the Tenth Circuit
  • U.S.D.C. Northern District of Texas
  • U.S.D.C. Southern District of Texas
  • U.S.D.C. Eastern District of Texas
  • U.S.D.C. Western District of Texas
  • U.S.D.C. District of New Mexico

Education

  • JD – University of Houston Law Center
  • MFA – Southern Illinois University – Carbondale
  • BFA – The University of Texas at El Paso

Representative Experience

  • American Transitional Care Centers v. Palacios 46 S.W.3d 873 (Tex. 2001)
  • Bren-Tex Tractor v. Massey-Ferguson, Inc. 97 S.W.3d 155 (Tex. App.–Houston [14th Dist.] 2002)
  • Courtney v. Gelber 905 S.W.2d 33 (Tex. App.–Houston [1st Dist.] 1995)
  • Diaz v. The Methodist Hospital 46 F.3d 492 (5th Cir. 1997)
  • Escalante v. Koerner 28 S.W.3d 641 (Tex. App.–Corpus Christi 2000)
  • Harris v. Borne 933 S.W.2d 535 (Tex. App.–Houston [1st Dist.] 1995)
  • Imkie v. The Methodist Hospital 326 S.W.3d 339 (Tex. App.—Houston [1st Dist.] 2010)
  • JMK 6, Inc. v. Gregg & Gregg, P.C. 192 S.W.3d 189 (Tex. App.–Houston [14th Dist.] 2006)
  • Merckling v. Curtis 911 S.W.2d 759 (Tex. App.–Houston [1st Dist.] 1995)
  • Nguyen v. Kim 3 S.W.3d 146 (Tex. App.–Houston [14th Dist.] 1999)
  • Ocomen v. Rubio 24 S.W.3d 461 (Tex. App.–Houston [1st Dist.] 2000)
  • Osborne v. St. Lukes 915 S.W.2d 906 (Tex. App.–Houston [1st Dist.] 1996)
  • Sawyer v. Millard 849 S.W.2d 808 (Tex. 1993)
  • Rideau v. Parkem Industrial Services, Inc. 917 F.2d 892 (5th Cir. 1990)

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