Jerry "Jay" Fancher, Jr.

Senior Counsel

Jay Fancher’s career has focused upon litigations, especially relating to medical malpractice, healthcare litigation, and first party insurance lawsuits. Mr. Fancher also has extensive experience relating to personal injury litigation, commercial litigation, construction litigation, and toxic torts. Before becoming part of the team at Hicks Thomas, Mr. Fancher worked at Jay Old & Associates since 2013, and had worked with Jay Old at Germer Gertz in Beaumont, Texas since 2001.

Mr. Fancher is a graduate from Baylor Law School, where he was a member of Baylor Law Review and earned his law degree in 2000. Mr. Fancher also received a Bachelor of Arts degree in History with a minor in Government from the University of Texas at Austin. He is licensed in the State of Texas; Eastern District of Texas; and Southern District of Texas.

Practice Emphasis

Areas of expertise include litigation of medical malpractice claims, transactional litigation claims involving healthcare-providers, construction law, insurance law, personal injury, and toxic torts.

Additional experience includes legal advice regarding HIPAA and other healthcare regulations. Licensed in the State of Texas; Eastern District of Texas; and Southern District of Texas.


Graduate of Baylor Law School (JD, 2000), and member of Baylor Law Review.

Professional Associations

State Bar of Texas; Defense Research Institute; Texas Association of Defense Counsel; Jefferson County Bar Association; and Greater Houston Society for Healthcare Risk Management.

Past Cases

In a matter of first impression in Texas, the Houston 1st Court of Appeals ruled in favor of our client in Texas Windstorm Insurance Association v. Randy Jones, Cause No. 01-16-00385-CV, interpreting the meaning of what is an “accepted” insurance claim under the Texas Insurance Code. The Court found that a claim acceptance which did not limit the items accepted by its terms accepted all damage which could have been claimed by the insured, precluding litigation under the 2013 amendments to the Insurance Code commonly known as “HB3.”

In the trial court, Mr. Fancher has been an integral part of trial teams that have successfully defended healthcare clients Baptist Hospitals of Southeast Texas and ED Care, now known as Hospital Physician Partners.

(409) 241-7252
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