Bio

Partner Jerry Hawkins is a seasoned litigator, including appellate cases, and is one of the area’s most experienced attorneys handling health care cases and personal injury and wrongful death defense. Having practiced since 1997 he has built a strong base of knowledge and has also received an AV® Peer Review Rating in the distinguished legal directory, Martindale-Hubbell®.*

In addition to his extensive work in the areas of health care law and medical malpractice, Jerry also has significant experience defending clients in personal injury and wrongful death actions. His tenacity and practical understanding of the law have provided successful outcomes for nonprofit organizations, municipalities, large and small businesses, property owners, contractors and subcontractors, and individuals.

In addition to his civil litigation practice, Jerry also assists clients with appeals in both state and federal court and is admitted to practice in Kansas state and federal courts, and the U.S. Court of Appeals for the 10th Circuit. He is a frequent speaker on legal issues impacting the medical and insurance professions.

Jerry and his wife have three sons. He has been playing violin since the age of seven, and is a member of the string-group, “Lawyers Pulling Strings,” and takes his fiddle to the Walnut Valley Bluegrass Festival in the Fall. And he also has some mean unicycle riding skills!

Education

Undergrad: B.A. Wichita State University, 1994 cum laude
Law School: Washburn University, 1997 Dean’s Honor
Year Started Practicing: 1997

Representative Experience

Medical Malpractice Defense

Represented health care providers, including hospitals, clinics, nursing homes, physicians, physician assistants, nurse practitioners, and mental health professionals in the defense of medical malpractice actions.   Representation includes actions for alleged negligence and wrongful death.  

Personal Injury Litigation

Represented plaintiffs and defendants in general personal injury matters, including automobile accidents, swimming pool accidents or deaths, trucking accidents, sports injuries and many others.

Constitutional Law

Represented the State of Kansas, counties, cities, municipal hospitals, clinics and their employees the defense of claims alleging a deprivation of rights guaranteed by the Constitution of the United States and Kansas Constitution.      

Health Care Law

Represented clinics and surgical centers in audits or payment disputes with Medicare, Medicaid and health insurance companies.   Advised on compliance with federal law, including HIPAA, STARK and anti-kickback provisions.

Administrative Law

Represented health care providers responding to complaints made to the Kansas Board of Healing Arts.

Products Liability

Represented manufacturers of consumer and industrial products in actions filed in Kansas state and federal courts alleging personal injuries or property damage.

Premises Liability

Represented both for-profit and non-profit businesses, and individuals, in the defense of claims involving slips, trips, falls or other incidents occurring on the client’s owned or leased properties.

Planning and Zoning

Represented landowners in disputes before local commissions or committees arising from proposed changes to zoning.   Represented landowners neighboring areas proposed to be used for industrial wind farms.

Business Litigation

Represented both plaintiffs and defendants in disputes in areas of real estate, contracts and other matters.

Probate and Estates

Represented individuals and hospitals seeking the appointment of a guardian and conservator for an incapacitated person.   Represented families in matters where physician recommendations have been made to withdraw life support.

Consumer Protection

Represented both plaintiffs and defendants in actions brought under the Kansas Consumer Protection Act.   Representative transactions range from automobile sales to the advertising of medical services.

Insurance Coverage

Represented individuals and insurance companies in advising whether there is insurance coverage for a loss.

Court Admissions

• Kansas, 1997
• U.S. District Court, District of Kansas, 1997
• U.S. Court of Appeals, 10th Circuit, 2002

Professional Memberships

• Wichita Bar Association 1997-Present; Civil Practice Committee
• Kansas Bar Association (KBA) 1997-Present; President, Health Law Executive Committee, 2011-2012; Health Law Executive Committee, 2008-2012
• American Bar Association (ABA) 1997-Present
• Kansas Association of Defense Counsel (KADC)

Community Involvement

• Valley Center Park & Tree Board, 2005-2016
• Friends University Community Orchestra, 2012-2014
• Valley Center Community Foundation, 2014-2019
• Valley  Center Outdoor Spaces Board, 2017-2018
• Menocause, 2017-present
• Vietnam Memorial Moving Wall committee, 2020-2021

Published Works

• "The Pot Calls the Kettle Black: A Rebuttal to ‘Cutting the Hedge: Reforming Comparative Fault in Medical Malpractice’,” KADC Legal Letter, Spring 2007
•  “Challenging the Reasonableness of the Plaintiff’s Expert’s Fee,” KADC Legal Letter, 2001
• Co-Author, “Are Confidential Settlement Agreements Enforceable?” KADC Legal Letter, March 1999

Presentations

• “Case Law Update for Medical Malpractice”, Wichita Bar Association Medical-Legal Issues continuing education seminar 2023 
• “Case Law Update,” WBA Medical-Legal CLE, 2010, 2021, 2022
• “Case Law Updates,” Kansas Bar Association Health Law Institute, 2017, 2016, 2015, 2014, 2013, 2012, 2011
•  “Do You Count Fund coverage for the Purpose of the Exception of the $500K cap under the KTCA,” Health Care Stabilization Fund Seminar, 2017
• “Representing County and District Hospitals and their Employee Health Care Providers: The Carrot and Stick o the Notice of Claims Requirements of K.S.A.12-105b, Health Care Stabilization Fund Seminar, 2012, 2015
• “Maintaining Client Confidences, Candor and Advocacy in Litigation: How Close to the Chest Do You Hold Your Cards?”  KBA Ethics Webinar, April 2014
• “Take This Job and Shove It! (Uh, Never Mind, There Was a Conflict of Interest),” KBA CLE Webinar, March 1, 2012
• “Recent Cases Every Trial Lawyer Should Know,” KADC Mid-Year Meeting, May 2011
• “Hot Pre-Trial Issue: Should the Defendant be Permitted to Make Comparative Fault Allegations Contingent Upon a Settlement or Dismissal of a Co-Defendant?” Telephone CLE, May 2009
• “Hot Topics Combo: Can You Have Ex Parte Contacts with Treating Physicians About Their Medicare Write-Offs in KCPA Actions Against Health Care Providers?” KADC Annual Meeting, November 2007
• “Kansas Consumer Protection Act Claims in Medical Malpractice Actions After Williamson v. Amrani and House Bill 2451,” KBA Annual Meeting, June 2007
• “Casemaker Explosion,” KBA Annual Meeting, June 2007
• “Casemaker Explosion,” CLE, March 2007
• “Maneuvering Through the Medical Record Maze” and “Putting Medical Records to Work During the Pretrial Phase,” CLE, “Using Medical Records to Prove Your Case”, January 2007
• “The Kansas Consumer Protection Act in Medical Malpractice Actions,” Health Care Stabilization Fund Seminar, August 2006
• “KCPA Actions Against Professionals,” KADC Annual Meeting, December 2004