H. Thomas Watson
Partner - Los Angeles Office
How Tom Helps Clients
Business entities, including hospitals, medical centers, healthcare providers, national insurance carriers, and others all rely on Tom Watson’s extensive appellate experience in procedural, tort, contract, insurance, and health law issues (including MICRA). Clients also benefit from Tom’s guidance regarding trial strategy, pre-and post-trial motions, and frank assessments concerning the likelihood of securing appellate and/or writ relief.
Tom is a partner at the firm, where he has practiced since 1992. He has been a California State Bar Certified Appellate Specialist since the first year the State Bar offered that certification in 1996. Tom edits and updates the firm’s MICRA Manual and its Evidence Code section 1157 Manual, and has prepared the health law appellate updates for both the California Society for Healthcare Attorneys and the Health Law Committee of the California Lawyers Association Business Law section since 2014. From 2007 to 2012 he prepared the insurance law appellate updates for the Insurance Law Committee of the California State Bar Business Law Section. Tom has extensive experience litigating before the California Supreme Court as appellate counsel for both parties and amici curiae, and has worked on numerous cases in the California Court of Appeal, the Ninth Circuit Court of Appeals, and appellate courts in other jurisdictions. Tom publishes and presents extensively on numerous areas of the law, including appellate procedure, medical expense damages, health law, and insurance law.
Representative Matters
Franklin v. Santa Barbara Cottage Hospital (2022)
Horvitz & Levy successfully defends summary judgment for hospital in medical malpractice action on actual and ostensible agency grounds.
Cuevas v. Contra Costa County (2017)
California Court of Appeal reversed an award of $9.6 million for future medical expenses to permit evidence of Medicaid and Affordable Care Act benefits.
El-Attar v. Hollywood Presbyterian Medical Center (2013)
Represented the hospital and convinced a unanimous California Supreme Court to reverse the Court of Appeal and hold that the hospital’s governing board properly appointed the hearing officer and physician members of the judicial review committee for peer review proceedings when the medical staff executive committee declined to do so.
Howell v. Hamilton Meats & Provisions, Inc. (2011)
Represented a dozen insurers and insurance trade organizations as amici curiae before the California Supreme Court, making successful arguments leading to a landmark decision holding that medical expense damages are limited to amounts actually paid for medical services, not the higher billed amount.
Diaz v. Carcamo (2011)
Represented insurance trade organizations as amici curiae before the California Supreme Court, making successful arguments leading to an important decision holding that an employer who admits vicarious responsibility for conduct of employee may not be sued for direct liability under theories of negligent hiring, supervision, or training.
Mileikowsky v. West Hills Hospital and Medical Center (2009)
Represented hospital before the California Supreme Court in case holding that a hearing officer who presides over medical staff peer review proceedings is not authorized to enter terminating sanctions, but clarifying that a hospital is not obligated to renew or extend medical staff privileges to a physician who engages in discovery abuse or other obstructive conduct delaying peer review proceedings.
Parnell v. Adventist Health System/West (2005)
Represented insurance trade organizations as amici curiae before the California Supreme Court, making successful arguments why hospitals may not assert liens for the unpaid portion of healthcare bills when they already accepted lower amounts as payment in full for their services.
Bird v. Saenz (2002)
Represented the California Medical Association, California Dental Association, and the California Healthcare Association as amici curiae, making successful arguments to limit the scope of liability for negligent infliction of emotional distress in the context of surgical procedures.
Education
- University of California, Los Angeles, School of Law
J.D., Order of the Coif, 1992 - Pepperdine University
M.B.A., 1988 - University of Idaho
B.S., summa cum laude, 1982
Bar Admissions
- California
- U.S. Supreme Court
- U.S. Court of Appeals, Ninth Circuit
Professional Associations
- Los Angeles County Bar Association, Appellate Courts Section Executive Committee (2021-present), Delegate to California Conference of Bar (2020-present), Appellate Courts Section (2012-present), Appellate Courts Committee (1994-2012)
- DRI
- Association of Southern California Defense Counsel
- Association of Defense Counsel of Northern California
- Bar Association of San Francisco
- Conference of Insurance Counsel
- California Society for Healthcare Attorneys (H. Thomas Watson and Peder Batalden co-author the CSHA appellate litigation update bulletins and present a review of appellate healthcare decisions at the CSHA Annual Meeting)
- California State Bar/California Lawyers Association, Business Law Section: Amicus Committee: Member (2018-present); Health Law Committee: Member (2013-2017), Chair (2015-2016), Litigation and Publications Vice-Chair (2016-2017); Insurance Law Committee: Member (2009-2012), Vice-Chair (2009-2010), Co-Chair (2011-2012); Litigation Section: Member (2015-present)
- The Federalist Society
Awards
- Highest Possible Rating in Both Legal Ability & Ethical Standards (2022) Martindale Hubbell
- “AV Preeminent” rated by Martindale Hubbell
- Listed in ALM’s “Top Rated Lawyers” section for Appellate Attorneys
- Super Lawyers (2009-2024)
- Best Lawyers (2010-2024)
Publications
- Appellate Case Summaries (Spring 2024) California Health Law News, Vol. XXVI, Issue 1, p. 29
- Appellate Case Summaries (Fall 2023) California Health Law News, Vol. XXV, Issue 3, p. 17
- Appellate Case Summaries (Summer 2023) California Health Law News, Vol. XLVI, Issue 2, p. 41
- Current California law on ostensible agency in the hospital setting (July. 05, 2023) Daily J., Top Health Care Lawyers, p. 18
- Appellate Case Summaries (Winter 2023) California Health Law News, Vol. XXV, Issue 1, p. 48
- Appellate Case Summaries (Fall 2022) California Health Law News, Vol. XLIV, Issue 2, p. 28
- AB-35 makes historic amendments to MICRA statutes (Nov. 11, 2022) Daily J.
- Antitrust Actions Against State Regulatory Boards Are Becoming More Common (November 2022) Health Law Connections, American Health Law Association
- Medicaid Liens and Gallardo (October 2022) Health Law Connections, American Health Law Association
- Lien Service Medical Care Is Potentially Actionable Insurance Fraud (Summer 2022) Verdict Magazine, Association of Southern California Defense Counsel, Vol. 2, p. 28
- Health Law Committee 2021 Appellate Litigation Update (July 2022) California Lawyers Association, Buisness Law News, Issue 2, p. 09
- Appellate Case Summaries (Spring 2022) California Health Law News, Vol. XLIII, Issue 1, p. 29
- Appellate Case Summaries (Summer 2021) California Health Law News, Vol. XLII, Issue 1, p. 24
- Colorado Supreme Court Decides Collateral Source Rule Does Not Apply in Workers’ Compensation Subrogation Claim Cases (June 24, 2021) Washington Legal Foundation, Legal Backgrounders
- Appellate Case Summaries (Spring 2021) California Health Law News, Vol. XLI, Issue 1, p. 16
- Staying Enforcement of a Money Judgment on Appeal, California Litigation, Volume 34, No. 1, 2021
- Appellate Case Summaries (Fall 2020) California Health Law News, Vol. XL, Issue 3, p. 16
- Colorado Supreme Court Appears Unlikely to Resolve Question On Appropriate Measure of Medical Damages Personal-Injury Plaintiffs Can Recover (September 29, 2020) Washington Legal Foundation, Legal Pulse
- Appellate Case Summaries (Spring 2020) California Health Law News, Vol. XXXIX, Issue 2, p. 18
- Appellate Case Summaries (Winter 2020) California Health Law News, Vol. XXXIX, Issue 1, p. 29
- In Scholle, Colorado Supreme Court Should Clarify Collateral Source Rule's Application to Medical Expense Damages (March 6, 2020) Washington Legal Foundation, Legal Backgrounder
- Appellate Case Summaries (Fall 2019) California Health Law News, Vol. XXXVIII, Issue 2, p. 33
- Appellate Case Summaries (Spring 2019) California Health Law News, Vol. XXXVIII, Issue 1, p. 20
- Appellate Case Summaries (Fall 2018) California Health Law News, Vol. XXXVII, Issue 1, p. 24
- Appellate Case Summaries (Fall 2017/Winter 2018) California Health Law News, Vol. XXXVI, Issue 1, p.
- Questioning CACI: Especially When Medical Expense Damages Are at Issue (Vol. 1, 2018) Verdict, p. 17
- Annual Health Law Review for 2017 (June 2018) Business Law News, Annual Review 2018
- Annual Health Law Review for 2016 (June 2017) Business Law News, Annual Review 2017
- California’s Medical-Injury Compensation Law Provides a Model for Federal Tort Reform (May 5, 2017) Washington Legal Foundation, Legal Backgrounder
- Defending Against Claims for Future Medical Expense Damages (Vol. 1, 2017) Verdict, p. 17
- Federal Tort Reform Of Med Malpractice Actions Is Likely (Dec. 18, 2016) Law360
- Appellate Case Summaries (Fall 2016) California Health Law News, Vol. XXXIV, Issue 3, p. 33
- Case Summaries (Summer 2016) California Health Law News, Vol. XXXIV, Issue 2, p. 26
- Health Care Law Legislation and Litigation Update for 2015: California Health Law Continues to Evolve at a Rapid Pace(June 2016) Business Law News, Annual Review 2016
- Case Summaries (Summer/Fall 2015) California Health Law News, Vol. XXXIII, Issue 3, p. 22
- Using Statistics to Determine Whether Causation is Adequately Proven in Medical Malpractice Actions Involving Multiple Events Preceding the Injury (June 2015) Business Law News, Issue 2
- Healthcare Litigation Update, Presented by H. Thomas Watson and Peder K. Batalden (April 18, 2015) CSHA Annual Meeting and Spring Seminar, Huntington Beach, California
- Case Summaries (Winter 2015) California Health Law News, Vol. XXXIII, Issue 1, p. 24
- Federal Health Insurance Mandates and the Impending Upheaval of the Collateral Source Rule (Jan. 29, 2015) Washington Legal Foundation, Contemporary Legal Note, Number 76
- Developments in California Health Care Law in 2014 (2015) Business Law News, Annual Review, p. 49
- New Calif. Appeal Bond Rules Correct Outdated Process (Sept. 10, 2014) Law360, New York
- California Health Care Legislation and Litigation in 2013: Another Year of Major Reform (2014) The State Bar of California, 2014 Annual Review, p. 24
- Trade Secret Misappropriation Damages, and The Underused "Head Start" Doctrine Defense (Vol. 2, 2013) Verdict, p. 17
- Health Law Committee Annual Report On Developments In California Health Care Law – 2012 (2013) The State Bar of California, 2012 Annual Review, p. 23
- Developments in California Insurance Law (2012) The State Bar of California, 2011 Annual Review, p. 48
- PPAC and Its Possible Effects on Medical Expense Tort Damages (Oct. 2011) Medical Malpractice Law & Strategy, Vol. 29, No. 1
- Federal Health Care Law May Reduce or Eliminate Future Medical Expense Tort Damages (Sept. 2011) Medical Malpractice Law & Strategy, Vol. 28, No. 12
- Developments in California Insurance Law (2011) The State Bar of California, 2010 Annual Review, p. 39
- Using the Patient Protection and Accountable Care Act to Limit Future Medical Expense Damages (March 22, 2011) Daily J., p. 5
- Developments in California Insurance Law (2010) The State Bar of California, 2009 Annual Review, p. 11.
- Determining Whether Medical Causation Is Established Using Statistical Analysis (Feb. 2010) Law Journal Newsletters
- No "Implied Waiver" of the Attorney-Client Privilege (1st Quarter 2009) Verdict p. 15
- 2 Cal. Civil Writ Practice (Cont.Ed.Bar 4th ed. 2008) Review of Court of Appeal's Action on Writ Petition, ch. 25, pp. 663-680
- Developments in California Insurance Law The State Bar of California, 2008 Annual Review (2008), p. 13.
- Medical Discounts and the Collateral Source Rule (May 2007) Medical Malpractice Law & Strategy, Vo. 24, No. 8, p. 1
- Developments in California Insurance Law The State Bar of California, 2007 Annual Review (2007), p. 15.
- The Ethics and Legality of Jury Investigations (1st Quarter 2006) Verdict p. 38
- The E-Signature Act: A Promising Development for Insurers (3d Quarter 2001) Verdict p. 14
- Lost Chance of Survival: Beating the Odds (Dec. 2000) Medical Malpractice Law & Strategy, Vol. 18, No. 2
- Bad Enough to Punish: The Application of the Reprehensibility Guidepost in Punitive Damages Cases After BMW v. Gore (Fall 1998) 49 Fed'n of Ins. & Corp. Couns. Q.