Health Care Law Litigation - Health Care Medical Malpractice Law - Defendants
Kirk S. Davis
Recognized in Best Lawyers since 1997 Awarded Practice Areas
Biography
Kirk Davis is the chair of the Healthcare Practice Group, a multidisciplinary team recognized nationally for representing sector participants in regulatory compliance, insurance, and transactional issues. An accomplished litigator, Kirk represents hospitals and health systems in complex regulatory compliance issues and disputes with a focus on medical malpractice and peer review hearings.
Kirk has decades of experience in the peer review process and has been involved in all aspects of hearings, from prosecuting physicians to defending medical staff and serving as a hearing officer. He helps hospitals comply with federal and state laws by recommending peer review best practices and procedures. In addition to his work on medical malpractice matters, Kirk handles disputes between physicians in private practices and effectively resolves contentious medical practice dissolution through alternative dispute resolution.
Kirk has served as an arbitrator in various healthcare-related matters and is a sought after speaker on health law topics. He is Board Certified in Health Law by The Florida Bar and recognized by Chambers USA as a leading lawyer in healthcare.
Overview
- Stetson University, J.D., graduated 1982
- Stetson University, BS, graduated 1979
- Florida, The Florida Bar
- American Health Lawyers Association - Member
- Clearwater Bar Association, Medical-Legal Liaison Committee - Past Chair 1993-1994
- Florida Academy of Healthcare Attorneys - Past President, November 2004- November 2006; Board Member, 1996-2013
- St. Petersburg Bar Association, Medical-Legal Liaison Committee - Past Chair, 1990-1991
- The Florida Bar, Health Law Certification Committee - Past Member, 1994-2003, Past Chair, 1998-1999, Past Vice-Chair, 1996-1997, 2000-2001; Health Law Section, Past Chair, 1992-1993; Executive Committee, Past Member, 1989-1993, Past Treasurer, 1989, Past Secretary, 1990; Continuing Legal Education Committee,
- U.S. District Court, Middle District of Florida
- Florida, The Florida Bar
- American Health Lawyers Association - Member
- Clearwater Bar Association, Medical-Legal Liaison Committee - Past Chair 1993-1994
- Florida Academy of Healthcare Attorneys - Past President, November 2004- November 2006; Board Member, 1996-2013
- St. Petersburg Bar Association, Medical-Legal Liaison Committee - Past Chair, 1990-1991
- The Florida Bar, Health Law Certification Committee - Past Member, 1994-2003, Past Chair, 1998-1999, Past Vice-Chair, 1996-1997, 2000-2001; Health Law Section, Past Chair, 1992-1993; Executive Committee, Past Member, 1989-1993, Past Treasurer, 1989, Past Secretary, 1990; Continuing Legal Education Committee,
- Stetson University, J.D., graduated 1982
- Stetson University, BS, graduated 1979
- U.S. District Court, Middle District of Florida
Client Testimonials
Awards & Focus
Recognized in The Best Lawyers in America® 2026 for work in:
- Health Care Law
- Litigation - Health Care
- Medical Malpractice Law - Defendants
Additional Areas of Practice:
- Medical Malpractice Law
- Personal Injury Litigation - Defendants
Special Focus:
- Hospital Malpractice
Awards:
- Florida Medical Business 2001, Recognized as Best Healthcare Attorney in Tampa
- Certified Mediator, Florida Supreme Court, 1993-2003
- Florida Trend's Legal Elite 2005-2006, 2010-2012, Listed for Healthcare
- Super Lawyers Magazine 2006-2010, 2012-2016 Listed in Florida for Health Care and Personal Injury - Medical Malpractice: Defense
- Chambers USA 2005-2016, Ranked in Florida for Healthcare
- Board Certified in Health Law, The Florida Bar Board of Legal Specialization and Education, 1995-present
News & Media
Additional Information
- Published Work and Lectures
- Health Law Rx Blog, Editor & Contributor
- FSHRMPS (Florida Society for Healthcare Risk Management and Patient Safety,) 36th Annual Meeting and Education Conference, Speaker, "Legal and Regulatory Hot Topics," August 11, 2016
- The Florida Bar, Health Law Section, Advanced Health Law Topics and Certification Review 2016, Speaker, "Credentialing and Professional Peer Review/Medical Staff Governance & Bylaws," March 5, 2016
- American Health Lawyers Association, "Culture of Safety Wins: Federal Patient Safety Law Preempts Amendment 7," Co-Author, November 5, 2015
- The Florida Bar, Health Law Section, 7th Annual Fundamentals CLE Program, Speaker, "Lawyers at the Bedside: The Intersection of Legal and Medical Ethics," September 18, 2015
- The Ambulatory M&A Advisor, Quoted, "Mediation, Arbitration and your UCB," April 10, 2015
- USF Health, Tampa General Hospital Resident Program, Speaker, "Avoiding Malpractice Suits & The Anatomy of a Malpractice Suit," March 17, 2015
- The Florida Bar, Advanced Health Law Topics and Certification Review Course, Speaker, "Professional Credentialing and Peer Review," March 7, 2015
- USF Health, Department of Internal Medicine, Law Seminar, Speaker, "How to Avoid Liabilities," February 18, 2015
- American Bar Association, 5th Circuit Spring Meeting, Panel Speaker, "Regulated Practice Panel: Current Trends in the Alcohol Beverage & Medical Marijuana Industries," February 7, 2015
- Stetson Law Live Event, Panel Speaker, "Charlotte's Tangled Web - Considerations for How Doctors and Lawyers Might Avoid the Legal Entanglements of Medical Marijuana in Florida," October 10, 2014
- The Florida Bar Health Law Section, Speaker "Professional Credentialing and Peer Review, Medical Staff Governance and Bylaws, Institutional Operations and Risk Management" and "Patient Care Issues," March 8, 2014
- The Florida Bar Continuing Legal Education Certification Review Course, Speaker, "Advanced Health Law Topics," March 8, 2013
- Gulf Coast Health Information Management Association Education Symposium, Speaker, "The EHR, Knowing Which Version Is Legal...Priceless," May 19, 2012
- All Children's Hospital, Bay Area Trauma Symposium, Speaker, "EMR Documentation-Legal Pitfalls," October 26, 2011
- Aspatore Inside The Minds-Health Care Litigation Strategies, Author, Chapter 4, "The Increasing Complexity of Health Care Litigation," 2011
- Risk Management Handbook for Health Care Organizations (5th Ed.), Chapter 14: "Health Information Management," Roberta Carroll, Editor, copyright 2007
- Risk Management Handbook for Health Care Organizations (4th Ed.), Chapter 44: "Data Management," Roberta Carroll, Editor, copyright 2004
- Hillsborough County Trauma Audit Committee, Speaker, "Considerations of Florida Access to Care laws and EMTALA."
- Risk Management Handbook for Health Care Organizations (3rd Ed.), Chapter 5: "Data Management," Roberta Carroll, Editor, copyright 2001
- Risk Management Handbook for Health Care Organizations (2nd Ed.), Chapter 17: "Data Management," Roberta Carroll, Editor, copyright 1997
- Representative Experience
- Represented a hospital in a complex case involving a patient accident resulting in litigation, internal investigations, public relations, and crisis management. Developed a corrective action plan that was implemented at the facility and throughout the hospital system to prevent the issue from recurring.
- Represented a hospital in litigation involving misuse of medical equipment. Developed a comprehensive strategy to mitigate the effects of the event and prevent other incidents from recurring, including removing the device manufacturer’s hospital credentials.
- Represented a physician in a lawsuit by a former partner terminated for improper billing. The dispute was resolved with an out-of-court settlement following a series of three mediations.
- Lotenfoe v. Pahk, 747 So. 2d 422 (Fla. 2d DCA 1999)
- Arango v. St. Anthony's Hospital, 683 So. 2d 120 (Fla. 2 DCA 1996)
- St. Anthony's Hospital v. Lewis, 652 So. 2d 386 (Fla. 2d DCA 1995)
- Henderson v. Holsonback, 608 So. 2d 815 (Fla. 2d DCA 1992)
- Mosley v. Hackman, 560 So. 2d 790 (Fla. 2d DCA 1990)
- Pinellas Emergency Mental Health Services, Inc. v. Richardson, 532 So. 2d 60 (Fla. 2d DCA 1988)
- Richardson v. Albury, 505 So. 2d 521 (Fla. 2d DCA 1987)
- Florida Power Corporation v. Barron, 481 So. 2d 1309 (Fla. 2d DCA 1986)
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