Tracie England is a partner in the firm, focusing her practice in the areas of medical, nursing, nursing home and dental malpractice/negligence defense. She also provides professional licensing and certification defense for physicians, nurses, nurses aids, dentists, pharmacy professionals, physical and occupational therapists, mental health professionals, group boarding homes and long term care 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 that 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” and has provided pro bono services involving administrative actions, expungements, 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. 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.
Undergrad: B.A. Wichita State University, 1993 magna cum laude
Law School: Washburn University, 2001 with honors
Year Started Practicing: 2001
Represented a hospital sued by the heirs of a patient who fell and broke 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 concerning a 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 the removal of the plaintiff's thyroid was appropriate under the circumstances.
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, claiming 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 before 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 before 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 before 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. On behalf of the dentist, Tracie responded that the removal of the crown, as the patient wanted, was contrary to the standard of care and ADA Fractured (Cracked) Tooth Treatment Parameters, and 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 an 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 placed on new admissions due to a staff nurse stealing and using a resident's narcotic pain medication without the knowledge of the 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 with 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.