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Daphne Andritsos Calderon

Sr. Counsel

Daphne Andritsos Calderon

Austin

T:+1 512 536 2451

As senior counsel in the Austin office, Daphne Andritsos Calderon represents hospitals and other institutional health care providers in complex health care litigation in state and federal courts, including discovery, motion practice, mediation, and trial and appellate proceedings. Daphne's practice also includes the representation of health care clients in peer review proceedings and regulatory matters before state and federal agencies and regulatory bodies. 

Daphne previously served as a law clerk to U.S. District Judge David Briones and as a briefing attorney for the Honorable David W. Chew of the Eighth District Court of Appeals in El Paso.

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  • Education

    J.D., Texas Tech University School of Law
    B.B.A., Accounting, The University of Texas at El Paso

    Ms. Calderon is admitted to practice law in the State of Texas; the U.S. District Courts for the Eastern, Western and Northern Districts of Texas; and the U.S. District Court of Appeals, Fifth Circuit.

  • Representative experience
    • Representation of hospital in high profile state and federal court lawsuits regarding the withdrawal of life-sustaining medical treatment from a child pursuant to Texas statute
    • Obtained dismissal on behalf of hospital and neurosurgeon in medical negligence case brought by patient claiming permanent neurological injuries
    • Representation of hospital and medical staff in federal litigation regarding physician credentialing and suspension of surgical privileges
    • Representation of hospital system before TDSHS involving imposition of money penalties relating to medical record completion and interpretation of federal guidelines
    • Representation of hospital and pharmacist in regulatory matters before the Texas Pharmacy Board involving medication error and patient death 
    • Obtained summary judgment dismissal of plaintiffs' EMTALA causes of action and affirmed on appeal to the Fifth Circuit Court of Appeals  
    • Representation of hospitals in complex litigation regarding shoulder dystocia and other obstetrical complications resulting in permanent neurological injuries
    • Representation of psychiatric hospital before TDSHS regarding patient suicide
    • Obtained dismissal of nurse defendants in birth trauma case through appeal to the Texas Eighth District Court of Appeals
    • Representation of career college nursing programs before the Texas Board of Nursing
    • Representation of hospital in high profile medical malpractice litigation involving the death of a retired district court judge following a medical procedure
    • Representation of hospital and physician in litigation involving the off-label use of blood clotting pharmaceutical during patient's surgery resulting in permanent injury    
    • Representation of children's psychiatric hospital before TDSHS and CMS regarding imposition of money penalties relating to patient restraints, suicide observation, transfers, special treatment procedures, medical emergencies and psychiatric nursing services 
    • Representation of managed care entity in a complex litigation involving birth injuries sustained by twins 
  • Admissions
    • Texas State Bar License
  • Rankings and recognitions
    • HBA Rising Star, Healthcare Businesswomen's Association, 2014
    • Associate to Watch, Texas healthcare, Chambers & Partners, 2007 - 2008
  • Publications

    Ms. Calderon has co-authored numerous articles and seminar papers on legal-medical issues, including the following:

    • "Operational Impact of Significant Cases," The University of Texas School of Law Annual Health Law Conference (2009 - 2014) 
    • "Health Law Liability Year in Review," Texas Health Law Conference (2011 - 2014)
    • "Annual Liability Update," Texas Health Law Conference (2003, 2005 - 2010) 
    • "Current Liability Update," The University of Texas School of Law Annual Health Law Conference (2001 - 2007)  
    • "Liability Case Law Update: Recent Case Law Developments and Annual Survey of Significant Cases," University of Houston Law Foundation (2007) 
    • "HMO Liability: Peer Review Privilege," Managed Care Seminar, State Bar of Texas (2002)
    • "ERISA Overview: How To Analyze And Deal With Preemption Risks," State Bar of Texas Health Law Section, Fall Conference (2001)
    • Co-Author with Yvonne K. Puig, "Emerging Issues in Healthcare: Managed Care, ERISA and Beyond," ABA Monograph (2001)
    • "Liability Overview: New Theories and Challenges," American Health Lawyers Health Law Institute (2001)
  • Speaking engagements
    • "Legal Ethics and EMTALA, Advance Directives and Crisis Management," United Regional Health Care System, Wichita Fallas, Texas, November 2014
    • "Legal Implications in Nursing Practice," Texas State University School of Nursing, Round Rock, Texas, October 2012
    • Panelist, "Credentialing Challenges for 2012," Fulbright Eighth Annual Health Law Symposium, Austin, Texas, February 2012
    • "EMTALA: Legal & Ethical Responsibilities," Combined General Medical Staff Meeting, Sierra Medical Center & Providence Memorial Hospital, December 2010
    • "Update on Current Issues Related to Emergency Care," Texas Hospital Association, Teleconference, November 2008
    • "Credentialing in the Poliner Era - Lessons Learned," American Health Lawyers Association, Teleconference, June 2006
    • "Ethical and Legal Issues Regarding the Small Pox Vaccination," 15th Annual Pediatric Symposium, 2003
  • Memberships and activities
    • American Health Lawyers Association
    • State Bar of Texas - Health Law Section
    • Travis County Bar Association