Houston, TX (713) 681-3070 | Lexington, KY (800) 715-6268 info@marksfirm.com
DAVID T. MARKS

Biographical Sketch

David T. Marks has practiced law for over three decades. Widely recognized for his courtroom and advocacy skills, he has served as trial counsel in some of the largest verdicts in the United States arising out of the wrongful death or catastrophic injury of a nursing home resident. By reason of his record of success, David frequently receives requests from across the country to teach and educate practicing attorneys, as well as health care professionals on the subjects of trial advocacy and issues impacting the health and safety of the elderly. He has served as invited faculty for the American Academy of Forensic Science; the United States Department of Justice; the Association of Trial Lawyers of America; the Southern Trial Lawyers of America; the American Association for Justice; the National College of District Attorneys; the University of Arkansas School of Medicine; the University of Texas School of Nursing; Texas Tech School of Nursing; State Bar of Texas, the National Association of Medicaid Fraud Examiners; and various state trial lawyers’ associations.

David’s legal career was shaped by his service as a special prosecutor in the highly publicized murder case of State of Texas v. Autumn Hills Convalescent Center, Inc. In 1979, as a young criminal district attorney working for the State of Texas, he inherited a file which introduced him to the subject of nursing home abuse and neglect. The file would ultimately take the next seven years of his professional career, pitting him against the top defense lawyers in the State, in the first case in the United States charging a corporation with the crime of murder by omission.

The eight month jury trial against Autumn Hills Convalescent Center, Inc. revolved around the widespread care deprivation and harm caused by a corporation’s financial decision to cut essential services and supplies in order to maximize its profits. Not only did this case leave David with an understanding of the human cost of corporate irresponsibility and unbridled greed, but it also left him with a deep sense of the need for public advocacy to address this serious issue.

In this regard, David has been involved in legislative efforts to correct inadequate enforcement of nursing home regulations for more than 20 years. He has testified as an expert witness before the U.S. Senate Committee on Aging and the Health and Human Resource Committee, Texas House of Representatives. Further, he has also served on the Sub-Committee on Nursing Home Regulation and Enforcement; Institute of Medicine, and the National Academy of Science. After requiring the largest nursing home operator in the state of Texas, as a condition of the settlement of a case involving the rape of a resident, to maintain on a continuing basis a corporate registry of all employees who were terminated for abuse or neglect which barred such individuals from reemployment at any sister facility within the chain, David advocated the extension of this system to all nursing home residents in Texas. More particularly, he assisted in the drafting and supported the passage of House Bill 3386 that was designed to correct a problem in the regulatory system that allowed a known felon with a history of abuse to slip through the state’s criminal history screening process. David’s efforts in the name of and on behalf of his client assisted in closing a loophole which allowed know abusers with felony records to have access to helpless nursing home residents.

In 2005, the National Citizens Coalition for Nursing Home Reform (NCCNHR) honored David with its Special Appreciation Award for his effective promotion of residents’ rights and in supporting NCCNHR’s national advocacy in improving accountability and quality in nursing homes.

Professional Background

CHAIRMAN AND CO-FOUNDER
Marks, Balette, Giessel & Young, P.L.L.C.
January 2016 to present

CHAIRMAN AND CO-FOUNDER
Marks, Balette, & Giessel, P.C.
February 2005 to December 2015

PRESIDENT AND FOUNDER
The Marks Firm
March 1997 – January 2005;

PARTNER, Crowley, Marks & Douglas, January, 1992 to February 1997; Marks, Crowley & Waltman, October 1990 to December 1991;

PRIVATE PRACTICE, October 1989 to 1990;

SENIOR ATTORNEY, Office of the Attorney General, State of Texas, Deceptive Trade Practice Consumer Protection Division, 1986 to September, 1989;

SPECIAL PROSECUTOR, State of Texas v. Autumn Hills Convalescent Center, Inc., et al, Office of the Attorney General, State of Texas, 1983 to 1986;

PROSECUTING ATTORNEY, Office of the District Attorney, Galveston County, Texas, 1979 to 1982;

PRIVATE PRACTICE, 1978 to 1979.

Education

South Texas College of Law, Houston, Texas, J.D. (December 1977)

University of Texas, Austin, Texas, B.A. (December 1974)

Professional Contributions

CHAIRMAN: Nursing Home Litigation Group, Association of Trial Lawyers of America (1991 to 1994)

EDITOR: Annual Survey of Nursing Home Verdicts and Settlements, Association of Trial Lawyers of America, July 1993 and July 1996

DIRECTOR: Texas Trial Lawyers Association (1997 to present)

ASSOCIATE DIRECTOR: Texas Trial Lawyers Association (1992 to 1997)

MEMBER: Sub-Committee on Nursing Home Regulation and Enforcement (1984 to
1985); Institute Of Medicine, National Academy Of Science, Washington, D.C.; Medical
Malpractice Committee, Texas Trial Lawyers Association (1992-1994); Discovery Abuse
Committee, Association of Trial Lawyers of America ( 1992-1994)

INVITED FACULTY: American Academy of Forensic Sciences 41st Annual Proceedings, February 1989; U.S. Department of Justice, Nursing Home Abuse and Neglect Prevention Conference, 2000; State Bar of Texas Advanced Medical Malpractice Course, March 1997; Texas Trial Lawyers Association, Today’s Lawyer, May 1998; Southern Methodist University Medical Liability Seminar, 1994; Southern Medical Association, To Sue Or Not To Sue, November 1992; National Medicaid Fraud Training Conference, Trial of a Nursing Home Neglect Case, 1986; State Bar of Texas Advanced Discovery Course, November 9-10, 1991; Southern Trial Lawyers of America, Pleading and Discovery Strategies in the Nursing Home Malpractice Case, 1991; National College of District Attorneys, Corporate Criminal Liability, 1986; Association of Trial Lawyers of America, Winter Convention 1990; Michigan Trial Lawyers Association, Nursing Home Liability Seminar, 1999; University of Arkansas School of Medicine and John L. McClellan Memorial Veterans Hospital; Medical-Legal Implications of Nutritional Support, Nutrition and Aging III Symposium September 1987; University of Texas at Austin School of Nursing September 1987; Texas Tech University School of Nursing 1988; St. Vincent’s Medical Center: Department of Continuing Health Education August 1987; Sandoz Nutrition Corporation, Clinical Products Division Symposium; and Memorial Hermann Hospital System, Pressure Ulcers and the Law seminar, 2008.

EXPERT WITNESS: Special Committee on Aging, United States Senate, Ninety-Eighth Congress, (1983); Health and Human Resource Committee, Texas House of Representatives (1996); Human Resource Committee, Texas House of Representatives (1999)

Notable Verdicts and Settlements

Mendoza v. Summit Care Corp., et al. (02/22/2006)
View Article

Waites v. Beverly Enterprises, Inc., et al. (12/08/1997)
View Article

Goodson v. Luminant, et al. (08/03/2009)
View Article

Bailey v. Senior Living Properties, LLC, et al. (07/23/2003)
View Article

Harper v. Tabor (07/27/1998)

Lawaun Ayers vs South OKC Nursing Facility. (10/28/2011)
View Article

Larson v. Mariner Post-Acute Network, Inc., et al. (10/14/2005)
View Article

Carr v. Heritage Housing Development, Inc., et al. (10/20/2003)
View Article

Taylor v. Four Seasons Nursing Center, Inc. (11/23/1998)

Hollins v. Cleaver Memorial Convalescent Center, et al. (11/26/2002)
View Article

David v. Heartway Corporation, et al. (12/06/1999)
View Article

Gross v. Horizons/CMS Healthcare Corporation (9/13/1999)
View Article

Cooper v. Texas Health Enterprises, Inc. (03/30/1998)
View Article

Reed v. Senior Living Properties, LLC, et al. (07/23/2003)
View Article

Pyle v. Telesis/Walnut Place Nursing Home, Inc. (04/19/1999)
View Article

Moore v. Confidential Defendants (12/08/2003)

Lowe v. Summit Care-Texas, Inc. (07/01/2004)

Hughes v. Senior Living Properties, LLC, et al. (07/23/2003)

Parks v. Southwood Nursing Home (02/19/2003)

Smith v. Senior Living Services, Inc., et al. (07/23/2003)

Tenczynski v. Nissi Care Homes, et al. (05/12/2003)

For more information about these cases, click on Our Results.

Other Notable Cases

In Re Gladewater Healthcare Center, 2009 WL 454352 (Tex. App.-Texarkana)

In Re Gladewater Healthcare Center, 2009 WL 454355 (Tex. App.-Texarkana)

Casas v. Paradez, 267 S.W.3d 170 (Tex. App.-San Antonio, 2008)

In Re: Living Centers of Texas, Inc., 2007 WL 3404619 (Tex. App.-Texarkana)

In Re: Crest Care Nursing and Rehabilitation Center, 222 S.W.3d 68 (Tex. App.-Tyler, 2006)

In Re: Living Centers of Texas, Inc., 2005 WL 1621929 (Tex. App.-Houston [14th Dist])

In Re: Living Centers of Texas, Inc., 2007 WL 3404619 (Tex. App.-Texarkana)

In Re: Senior Living Properties, L.L.C., 309 B.R. 223 (Bkrtcy. N.D. Tex. 2004)

In Re: Highland Pines Nursing Home, Ltd., 2003 WL 22682356 (Tex. App. -Tyler)

In Re: Senior Living Properties, L.L.C., 63 S.W.3d 594 (Tex. App. -Tyler, 2002)

Publications

“Why Institutions Lose Lawsuits (And Why They Might Deserve To),” Memorial Hermann Hospital System, Pressure Ulcers and the Law, Houston, Texas, August 2008.

“Deconstructing A Landmark Resident-on-Resident Abuse Nursing Home Case Against Summit Care Corp.,” Memphis, Tennessee, October 2006.

“Litigating Pressure Sore Cases,” Tennessee Trial Lawyers Association, Houston, Texas, August 2002.

“Ten Guidelines for Nursing Home Litigators In Bankruptcy Cases,” State Bar of Texas Nursing Home Liability CLE Presentation, Dallas, Texas, November 2002.

“10 Principles of Prosecuting a Pressure Sore Case,” Association of Trial Lawyers of America, Phoenix, Arizona, October 2001.

“Key Areas of Financial Accountability & Compliance,” National Citizens Coalition of Nursing Home Reform, October 2001.

“Closing Arguments: Punitive Damages,” Mealey Publications, January 25, 2001.

“Fundamentals of Nursing Home Litigation,” Andrews Publications, November 2000.

“Corporate Neglect and Quality of Care in Nursing Homes,” National Association of Medicaid Fraud Control Units, Austin, Texas, April 2000.

“Pursuing Abuse and Neglect Cases Against Chains, Individual Facilities and Individuals,” U.S. Department of Justice, Nursing Home Abuse And Neglect Prevention Conference, February 2000.

“Investigating and Pursuing Nursing Home Quality of Care Cases,” U.S. Department of Justice, October 26-27, 1999.

“Nursing Home Liability: Why The Public Refuses To Tolerate Preventable Nursing Home Injury and Neglect,” Michigan Trial Lawyers Association, Nursing Home Liability Seminar, October 14, 1999.

“The Dorothy System: Tracking Nursing Home Staff Who Abuse Patients,” Sexual Assault Report, July/August 1998.

“New Issues in Litigating Nursing Home Cases,” Texas Trial Lawyers Association, May 1998.

“Old and New Issues in Litigating Nursing Home Cases,” State Bar of Texas, Advanced Medical Malpractice Course, March 13-14, 1997.

“Red Flag Indicators of Neglect and Abuse in Nursing Homes – A Litigator’s Perspective,” Harris County Department of Social Services, October 10, 1996.

“Neglect in Nursing Homes,” TRIAL, February 1996.

“Liability of Hospitals and Other Health Care Providers for Their Failure to Report the Abuse, Neglect or Exploitation of Nursing Home Residents,” Association of Trial Lawyers of America, 1996.

“Litigating Cases Involving Pressure Sores to Improve Care,” Houston Bar Association, Elder Law Institute, April 1995.

“Recognizing and Combating Standard Defenses in a Nursing Home Case,” Association of Trial Lawyers of America, July 23-27, 1994.

“Maximizing Recovery of Actual Damages,” Association of Trial Lawyers of America, August 1-5, 1993.

“To Sue or Not To Sue: The Decisional Process of a Lawyer,” 86th Annual Scientific Assembly of the Southern Medical Association, November 12-15, 1992.

“Damages Voir Dire in Nursing Home Cases,” Texas Trial Lawyers Association, Voir Dire Seminar, December 5-6, 1991.

“What the Hearsay Rule Really Means,” State Bar of Texas, Advanced Evidence and Discovery Course, November 1991.

“Nursing Home Litigation: Personal Injury & Medical Malpractice,” American Trial Lawyers Association, Toronto, Canada, July 21-25, 1991.

“To Sue or Not to Sue: The Decisional Process of a Lawyer,” Association of Trial Lawyers of America Winter Convention, 1991.

“Pleading and Discovery Strategies in the Nursing Home Malpractice Case,” Southern Trial Lawyers of America Winter Convention, 1991.

“Verdict and Settlement Expectancy in a Nursing Home Maltreatment Case,” Association of Trial Lawyers of America Winter Convention, 1990.

“The Missing Link: The Nexus Between Corporate Policy and Wrongful Death,” American Academy of Forensic Sciences 41st Annual Proceedings, February 1989.

“Identifying and Attacking Improper Answers to Request for Admissions,” State Bar of Texas, Advanced Evidence And Discovery Course, November 1989.

“A Challenge for Health Care Professionals: Legal-Medical Issues,” Texas Tech University School of Nursing, 1988.

“Medical-Legal Implications of Nutritional Support, Nutrition and Aging III Symposium,” University of Arkansas School of Medicine And John L. McClellan Memorial Veterans Hospital, September 1987.

“Strategies for Decreasing Legal Risks and Hazards,” University of Texas at Austin School of Nursing, September 1987.

“Accountability for the Gerontological Nurse: A Legal Doomsday or an Opportunity for Increased Autonomy?” Journal of Gerontological Nursing 13:26, March, 1987.

“Trial of a Nursing Home Neglect Case,” Medicaid Fraud Source Book, National Medicaid Fraud Training Conference, 1986.

“Corporate Criminal Liability,” National College of District Attorneys Executive Prosecutors Manual, 1986.

“Utilization of Analytical Matrix Configurations to Measure Care Potentials: A System for Evaluating Quality of Care in the Long Term Facility,” Special Committee on Aging, United States Senate Ninety-Eighth Congress, 1983.

“Quality Assurance Under Prospective Reimbursement Program,” Special Committee on Aging, United States Senate, Ninety-Eighth Congress, 1983.

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