Whitaker Bell

William H. Whitaker

Will’s practice is primarily focused on health care litigation and medical malpractice defense, with over fifteen years of experience across numerous venues and jurisdictions. His representation has included providers in the Texas Medical Center, premier health science universities, and providers serving rural communities in Texas and New Mexico. Will has also secured millions of dollars for clients in a variety of commercial disputes, including managed care reimbursement disputes, prompt pay violations, and breach of contract. Will has also successfully defended military contractors from toxic exposure claims arising out of Operation Iraqi Freedom.

After obtaining his Bachelor of Science from Louisiana State University in 2000, Will moved to Houston to manage a business unit of a Dutch maritime company with profit and loss responsibility for vessels operating in Mexico, the Caribbean, and West Africa. Plans to move with the company to Europe were halted to pursue his bride and a law degree. The most important of those objectives was secured in 2004 and his Juris Doctorate from South Texas College of Law followed in 2006. During a clerkship in 2005, Will was recruited by B.J. Bell and the two have worked together ever since. In fact, they helped build one of the largest medical malpractice defense firms in Texas before becoming founding partners of Steward, PLLC d/b/a Whitaker Bell in 2022.

When not in the office, Will can be found coaching youth athletics or making memories with family and friends outdoors. He is a devoted husband, father of four fantastic kids and active in his local church.

Areas of Practice

Health Care Litigation
Medical Malpractice
Health Care Operations
Health Care Revenue Cycle & Recovery
Commercial and Business Disputes
Premises Liability
Toxic Tort
Appellate

Experience

Defense of health care liability claims in Texas and New Mexico involving a wide range of physician, nursing, and hospital issues including: labor and delivery; obstetrics; neonatology; infectious disease; emergency medicine; orthopaedic surgery; radiology; neuroradiology; pulmonology; gastroenterology; cardiology; pediatrics; general surgery; internal medicine; nursing; credentialing of physicians; peer review; root cause analysis; and hospital committee and peer review privileges.
Secured over half-million-dollar recovery for product manufacturer client arising from a breach of contract and product liability lawsuit.
Secured multi-million-dollar recovery in managed care dispute for healthcare client.
Secured multi-million-dollar recovery for healthcare client arising from health insurer’s failure to timely process claims in connection with its institution of a prepayment review.
Second chair defense verdict for a computer manufacturer in a product liability lawsuit arising from a home fire.
Second chair in arbitration award in favor of a military contractor defendant in a multi-plaintiff toxic tort matter related to work performed in Iraq following Operation Iraqi Freedom.
Federal Court dismissals in Oregon and Indiana on personal jurisdiction grounds related to multi-plaintiff toxic tort claims arising from work performed in Iraq following Operation Iraqi Freedom.
Federal Court summary judgment rulings secured on all liability theories asserted by plaintiffs against clients in Texas in multi-plaintiff toxic tort claims arising from work performed in Iraq following Operation Iraqi Freedom.
Second chair trial of a suit brought by an employer against its employee for claims of misappropriation of trade secrets, breach of fiduciary duty, and statutory claims under federal and state computer fraud and abuse acts.
Successful defense of blood donation center in premises liability claim brought by donor.
Dispositive relief for hospital client from physician claims of restraint of trade.
Judgment secured in breach of contract and suit on sworn account for oil and gas clients.
Secure emergency orders authorizing the administration of blood and/or blood products to minor children when parental consent is absent.
Advise on operational issues for Texas health care clients.
Secure emergency orders for emergency medical treatment for Texas health care providers.

Appellate Experience

Tex. Children's Hosp. v. Knight, 604 S.W.3d 162, 166 (Tex. App.—Houston [14th Dist.] 2020, pet. denied)
In re Texas Children’s Hospital, No. 01-19-00142-CV, 2019 WL 3418504, at *1 (Tex. App.—Houston [1st Dist.] July 30, 2019, no pet.)
Baylor Coll. of Med. v. Davis, No. 14-18-00802-CV, 2018 WL 5797330, at *1 (Tex. App.—Houston [14th Dist.] Nov. 6, 2018, no pet.)
CHCA Woman's Hosp., L.P. v. Lidji, 403 S.W.3d 228, 229 (Tex. 2013)
Gannon v. Wyche, 321 S.W.3d 881, 883 (Tex. App.—Houston [14th Dist.] 2010, pet. denied)

Education

South Texas College of Law, J.D., 2006
Louisiana State University, B.S., 2000
National Institute of Trial Advocacy (NITA)

Admissions

State Bar of Texas
United States District Court for the Southern District of Texas

Memberships and Affiliations

Texas Bar Association
Greater Houston Society for Healthcare Risk Management
Texas Association of Defense Counsel
Houston Bar Association

Publications & Presentations

Co-authored presentation, Resuscitating Infants-Liability for Saving Life, presented at 2007 ASHRM conference.
Co-authored article, E-Discovery and Electronically Stored Information: Friend or Foe?, at the request of Zurich Insurance’s Healthcare Risk Management Division for publishing in Zurich’s quarterly newsletter.
Co-authored presentation, Documenting Do’s and Don’ts, presented in 2009.
Co-authored and co-presented presentation, E-Discovery: Dream or Nightmare?, presented in 2009 at the annual conference of the American Society for Health Care Risk Management.
Co-authored and co-presented presentation, E-Discovery & Electronically Stored Information: The Nightmare Continues, presented in 2010 at the annual conference of the American Society for Health Care Risk Management.
Co-authored presentation, E-Discovery: Updates, Examples & Tools for Health Care Providers, presented in 2011 at the annual conference of the American Society for Health Care Risk Management.
Authored in-service presentation, The Primary Care Physician and the Law, presented in 2011 to Texas Children’s Paediatric Associates.
Authored and presented presentation, Blood Products, Battery, and Religion & Consent, presented in 2012 at Grand Rounds for Woman’s Hospital of Texas.
Presented Case Law Update: Is the Texas Supreme Court Making Chapter 74 More “Plaintiff Friendly” in 2013 at the education day for the Greater Houston Society for Health Care Risk Management.
Co-Authored article and presentation, Never Events and Governmental Investigations – Standards, Discoverability, Admissibility, Hospital Liability, Audits, presented in 2013 at the Texas State Bar’s Advanced Medical Torts CLE in San Antonio, Texas.
Authored and presented presentation, Anticipation of Litigation, at the HCA Physician Symposium in 2020.