Tracie England is a partner in the firm of Hite, Fanning & Honeyman L.L.P., focusing her practice in the areas of:
Medical, nursing, nursing home and dental malpractice/negligence defense
Professional licensing and certfication defense for physicians, nurses, nurses aids, dentists, pharmacy professionals, physical and occupational therapists, mental health professionals, group boarding homes and long term care facilities.
Estate Planning, Wills, Trusts and Probate.
Tracie completed the elite International Association of Defense Counsel Trial Academy in 2007. She received her B.A., magna cum laude, in Psychology, with a Minor in Criminal Justice, from Wichita State University, and her J.D., with honors, from Washburn University School of Law. She was an intern for the U.S. District Attorney and clerked for a large Kansas law firm, prior to serving a clerkship at Hite, Fanning & Honeyman L.L.P., where she now enjoys the practice of law. Tracie joined Hite, Fanning & Honeyman L.L.P. in 2001, and has served as the firm's Legal Assistant Supervisor and Associate Training Coordinator.
She is active in her community and church, and has provided pro bono services involving administrative actions, debt collection, tax collection, estate planning and landlord/tenant issues. Tracie is an active volunteer in the schools of her children, including significant involvement in the Wildcat Booster Club an their school. She married her husband in 1990, and together they raise their three children with the same principles Tracie employs in her legal career - respect, ethics, hard work and diligence.
Tracie has experience defending health care providers against allegations of EMTALA violations, both in litigation and at the state and federal administrative levels. Tracie also represents clinical staff and facilities in matters pending before the Kansas Department for Aging and Disability Sevices, Kansas Department for Children and Families, and Kamnas Department of Health and Environment. She is admitted to practice in Kansas state courts and the U.S. District Court, District of Kansas. Tracie has been selected for inclusion in Missouri & Kansas Super Lawyers® - Rising Stars Edition, 2010-2011.
Tracie's clients include:
Physical and Occupational Therapists
Mental Health Counselors
Paramedics and EMTs
Home Health Agencies
Long Term Care Facilities
Certified Nurses Aides
Group Boarding homes
Psychiatric Residential Treatment Facilities
She provides thorough assessments of her clients' legal matters in a cost-effective, efficient and timely fashion. Tracie is a competent, hard-working trial lawyer who values the relationships she builds with her clients. Tracie recognizes the fact her clients' lives may be significantly impacted by the litigation process, and she strives to involve her clients in case strategy decisions. She has built an excellent reputation in the legal profession by being diligent, respectful and ethical. Tracie prides herself on practicing law by the "Golden Rule."
Medical, Nursing and Dental Malpractice/Negligence Defense. In her medical malpractice/negligence defense practice, Tracie provides quality representation for her clients in lawsuits and liability claims. She has obtained dismissals of lawsuits or defense verdicts in multiple medical malpractice and personal injury cases, as well as reasonable settlements and/or verdicts in cases where the plaintiffs have prevailed.
Professional Licensing Defense. Tracie handles matters involving regulatory boards' investigations and/or licensing disciplinary action matters. Her clients include licensed individuals and facilities of multiple disciplines, such as physicians, nurses, dentists, mental health professionals., group boarding homes and home plus facilities. She has been successful in obtaining closure/dismissal of multiple administrative agency investigations on behalf of her clients.
Represented a hospital sued by the heirs of a patient who fell, breaking her hip, while a patient on a skilled nursing unit. The patient died from respiratory and cardiac failure while awaiting hip surgery. The plaintiffs alleged the hospital staff failed to appropriately monitor the patient to prevent the fall. The case went to trial, and resulted in a verdict for the defendant hospital. The plaintiffs appealed, claiming jury misconduct and erroneous evidentiary rulings on the part of the trial court. The Kansas Court of Appeals held no jury misconduct occurred and upheld the trial court's evidentiary rulings. The jury's verdict in favor of the defendant was allowed to stand.
Represented an otolaryngologist sued by a patient in relation to an alleged negligent biopsy of a mass in the patient's neck. It was claimed that the physician's negligent biopsy resulted in an erroneous diagnosis of metastatic cancer. The plaintiff underwent cancer treatment, including the removal of her disease-free thyroid. The case went to trial, and resulted in a verdict for the defendant physician. The jury found that his biopsy was not negligent, and removal of plaintiff's thyroid was appropriate under the circumstances.
Administrative Licensing Actions
Represented a registered nurse in a Kansas State Board of Nursing action, in which it was alleged the nurse committed unprofessional conduct, in willful violation of the Kansas Nurse Practice Act. The Board sought revocation of her nursing license. The Board claimed the nurse sought renewal of her license without first completing the 30 hours of continued nursing education required by the Act. Tracie, on behalf of the nurse, filed a motion for summary judgment, alleging, among other things, that she completed the required number of continuing education hours prior to her license expiring and needing to be renewed. The Presiding officer granted the nurse's motion. The Board ordered the Presiding Officer's rulings reviewed. Ultimately, the Board determined that the nurse made no attempt to deceive the Board by her actions, and no discipline was warranted against her license. Her nursing license was deemed to be in good standing.
Represented a family practice physician in an investigative matter pending with the Kansas State Board of Healing Arts. A complaint was submitted to the Board by a patient, alleging the physician failed to diagnose mononucleosis, instead making a complex diagnosis of allergic rhinitis, fatigue and possible sinusitis. Evidence was presented that the physician's diagnoses were reasonable, although ultimately incorrect. The Board agreed, and the investigation was closed with no further action taken against the physician's license.
Represented a dentist in an investigative matter pending with the Kansas Dental Board. A complaint was submitted to the Board by a patient, alleging the dentist failed to properly treat her for cracked tooth syndrome, including refusing to remove the crown that had been placed on her tooth. Tracie, on behalf of the dentist, responded to the complaint. She stated removal of the crown, as the patient insisted, was contrary to the standard of care and ADA Fractured (Cracked) Tooth Treatment Parameters, as an endodontist’s examination was needed before consideration should be given to removing the crown. Plus, premature removal of the crown would have put the patient at increased risk of further tooth damage and significant pain. The Kansas Dental Board agreed with the dentist’s professional judgment and treatment of the patient, and closed the investigation without taking disciplinary action against his license.
Represented a Home Plus facility where a hold was place on new admissions due to a staff nurse stealing and using a resident's narcotic pain medication without the knowledge ofhe facility Operator. Once the nurse's actions were discovered, she was fired. The Kansas Department of Aging and Disability Services sought to revoke the facility's license due to the actions of the nurse. Tracie worked withe the Operator of the facility to develop a plan of action, implement that plan of action and maintain a checks and balances system. Tracie was able to secure a settlement with KDADS, the hold on admissions was lifted and the facility was allowed to resume caring for residents.
U.S. District Court, District of Kansas, 2001
Missouri & Kansas Super Lawyers - Rising Stars Edition, 2010-2011
Wichita Bar Association (WBA) (Member: 2001-Present); Civil Practice Committee (2006-Present); Medical/Legal Practice Committee (2010-present)
Kansas Bar Association (KBA) (Member: 2001-Present)
American Bar Association (ABA) (Member: 2001-Present)
Defense Research Institute (DRI) (Member: 2008-Present)
Kansas Association of Defense Counsel (Member: 2003-Present; Board: 2012-2013, 2017-Present)
American Health Lawyers Association (Member: 2010-Present)
Professional Liability Defense Federation (Member: 2010-Present)
Kansas Association of Hospital Attorneys (2013-Present)
Christian Legal Society (2017- Present)
American Association of Nurse Attorneys (2014-Present)
Completion of International Association of Defense Counsel Trial Academy (2007)
Wichita State University, B.A., magna cum laude, Psychology, Minor in Criminal Justice, 1993
Washburn University School of Law, J.D., with honors, 2001