Ernest Tosh

Of Counsel

Tel: 512.804.7277
Office Location: North Austin
Practice Areas: Nursing Home Injury


Texas Tech University School of Law


Ernest was born at Hill Field, Air Force Base in Utah.  At the age of two his family moved to Hickam Air Force Base in Hawaii.  When he was five his father retired from the Air Force and the family moved to Lubbock, Texas.

Ernest attended Texas Tech University and received a bachelor’s degree in Finance in 1987.  He then attended Texas Tech University School of Law and received his Juris Doctorate in 1990.

Upon graduating from law school, Ernest moved to the Dallas/Ft. Worth area to work for the Tarrant County District Attorney’s Office.  Ernest worked there until 1993, at which time he left to enter private practice.

Ernest limits his practice to nursing home abuse and neglect cases.

Ernest has authored periodic reports and analyses of nursing homes around the country, helping to identify those nursing homes who fall below industry standards in many different areas of patient care. He regularly consults with attorneys throughout the United States on cases involving nursing home neglect and abuse and medical malpractice. He is licensed to practice in Texas and is available to practice in any state on a case by case basis.

Ernest has extensive trial experience; having tried over 150 jury trials to verdict.

When not working on legal matters, Ernest enjoys activities with his family; his wife of 24 years Tommye and their three children.  Ernest is an avid long distance swimmer and swims open water courses whenever possible.

Memberships and Recognitions

Association of Certified Fraud Examiners, Member
Texas Trial Lawyers Association, Member
American Association for Justice, Member
American Bar Association, Member
California Bar Association, Member

Mediating with Cost Reports. Advanced Cost Reports Discussion, Napa, CA, February 2017
Mediating with Cost Reports. Advanced Cost Reports Discussion, New Orleans, LA, February 2017
CMS Cost Reports – Explanation and Analysis. North Carolina Trial Lawyers Association. Webinar, October 2016
Cost Reports, Understanding the Scam. Virginia Trial Lawyers Association, Irvington, Virginia, September 2016
How, When and Where to use Cost Reports. American Association for Justice, Annual Seminar, Los Angeles, CA, July 2016
CMS Cost Reports, the Hidden Numbers. American Association for Justice, Damages Seminar, Nashville, TN, May 2016
Facility Cost Reports and CMS Data. American Association for Justice, National Webinar, December 2015
CMS Cost Reports – Explanation and Analysis. Virginia Trial Lawyers Association, Richmond, Virginia, April 2015
CMS Cost Reports – Nursing Home Numbers Made Easy. Custom CLE, Phoenix, Arizona, March 2015