Find Lawyers in America for Medical Malpractice Law - Defendants
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Medical Malpractice Law - Defendants - America
About this Practice Area
Scott Addison has a track record of success representing national corporations, large regional hospital systems, physician practices, banks, and entrepreneurs as both plaintiffs and defendants. He practices at both the trial and appellate levels and has a growing mediation practice.Scott is licensed to practice law in North and South Carolina, and he is a North Carolina Certified Superior Court Mediator. He received his undergraduate degree from Davidson College in 1998, where he was a member...
Ben Alexander, an experienced trial lawyer and shareholder in Haynsworth Sinkler Boyd's Greenville office, focuses on defending healthcare professionals. Ben represents large health systems, free-standing hospitals, national insurers of healthcare providers, physician group practices and individual nurses and physicians in professional negligence and licensing matters.
David Allen practices in litigation in a variety of industries. He has been trying lawsuits for more than 30 years with close to 100 juries empaneled during that time. He regularly represents pharmaceutical and medical device companies, manufacturing and chemical companies, local governments, physicians and hospitals, and corporations in complex business litigation in federal and state courts throughout the region. Mr. Allen also represents excess carriers on high value matters, both actively...
The focus of Mr. Arnston’s practice is the defense of long-term care and assisted-living facilities, hospitals, physicians, and nurses in professional liability cases. He also defends product manufacturers and trucking companies in personal injury actions, as well as various corporations in general litigation matters.
Mike Atkinson practices as a trial lawyer and is primarily involved in handling insurance bad faith, product liability and medical malpractice cases. Following graduation from the University of Oklahoma College of Law he was associated with a law firm, before serving as an Assistant Public Defender and later as an Assistant District Attorney in Oklahoma County, Oklahoma. In 1975, he received his Master of Laws in Antitrust from the University of Texas College of Law at Austin, after which tim...
Donald H. Bacon is a member of Friday, Eldredge & Clark’s Management Committee and a partner in both the Litigation Practice Group and Medical Malpractice Practice Group. While he has represented a diverse set of clients in a variety of litigation, most recently, his focus has been in the area of professional liability representing lawyers, doctors, accountants and insurance agents. In addition to representing them in court, he has represented lawyers before the Office of Profession...
J. Dennis Bailey Position: Member. Born Danville, Virginia, September 6, 1960; admitted to bar, 1985, North Carolina. Education: Elon College (B.A., magna cum laude, 1982); Wake Forest University (J.D., 1985). Law Clerk to Honorable Frank W. Bullock, Jr., U.S. District Judge, Middle District of North Carolina, 1985-1986. Listed in Best Lawyers in America, 2007-2009. Member: Forsyth County and North Carolina Bar Associations; North Carolina State Bar. North Carolina Association of Defense Atto...
Joseph G. Baladi was admitted to the Missouri Bar in 2000 and the Mississippi Bar in 2001. Since joining Watkins & Eager, Joe's experience has included numerous pharmaceutical litigations, medical malpractice bench and jury trials, and product liability trials. Joe's involved in several professional organizations and serves as co-chair of Watkins & Eager's Mass Tort and Repetitive Exposure practice group. Joe regularly speaks and presents on the subjects of science at trial, Daubert i...
David Banker is an experienced civil trial lawyer who has tried a broad range of cases in federal and state courts involving products liability, employment discrimination, medical negligence, personal injury, commercial disputes and consumer disputes. Mr. Banker has also litigated mass tort and class action cases involving prescription drugs, medical devices and consumer products.
Mr. Baum is a Founding Member and President of Matis Baum O’Connor. For more than 40 years, Mr. Baum has focused his practice on the representation of physicians, nursing homes, and other healthcare providers, particularly in the defense of medical malpractice lawsuits, and in related contract and employment litigation. Mr. Baum has extensive trial experience, having tried over 100 cases in his career. Mr. Baum also represents healthcare professionals in administrative matters involving...
Mr. Beasley's practice is focused on the defense of business entities, health-care providers, major corporations, and insurance carriers, primarily in injury-related lawsuits. The Florida Bar, Board of Civil Trial Advocacy, the Tennessee Commission on Continuing Legal Education and Specialization, and the National Board of Trial Advocacy have recognized him as a board-certified specialist in civil trial law. He has tried numerous lawsuits in state and federal courts and has actively represent...
Frederick W. Bode, III Frederick W. Bode, III is a shareholder of Dickie, McCamey & Chilcote, P.C. He concentrates his practice in the areas of Commercial Litigation, Products Liability, Health Care Litigation, and Technology matters. Mr. Bode is a member of the Pennsylvania Bar Association. He is admitted to practice before all of the Courts in the Commonwealth of Pennsylvania, the United States District Courts for the Western, Middle, and Eastern Districts of Pennsylvania, United States...
William L. Bomar concentrates his practice in the areas of commercial litigation, health care, medical malpractice, construction litigation and insurance litigation. Speaking Engagements with Publications -Tennessee Construction Law: What Do You Do When, 1997, 1998 -Advanced Construction Law, 1996 -Advanced Issues in Tennessee Medical Malpractice, 1994, 1999, 2004 -Nursing Law in Tennessee, 2001, 2005 -Medical Malpractice in Tennessee, 1997, 2002 -Nursing Home Malpractice, 2002 -Nursing Home ...
William D. Bonezzi is a Shareholder as well as one of the founders of the firm. He has been a practicing attorney since 1973 and his legal career has been devoted to trial work. His competitive nature, developed in college athletics and honed in the U.S. Marine Corps where he served his country from 1965 to 1968, is ideally suited for confidently litigating the most difficult cases. Mr. Bonezzi is admitted to both the Florida and Ohio bar and currently possesses licenses to practice law in bo...
A native of Lebanon Junction, Kentucky, Ms. Boone practices in all areas of professional negligence and medical malpractice defense, as well as premises liability, probate, estate planning and administration, fiduciary law, and general civil litigation. She is licensed in both Georgia and Tennessee and practices actively in both states. In addition to professional and medical malpractice lawsuits, Ms. Boone has served as counsel in various civil litigation matters ranging from automobile acci...
Mr. Booth received both his undergraduate and law degrees from the University of Georgia. He continues to support his alma mater by serving as an adjunct professor at the University of Georgia School of Law where he teaches a course on medical malpractice. Prior to law school, Mr. Booth was the head of an American delegation of agricultural specialists who studied in the Soviet Union. He maintains an interest in Eastern Europe and was invited to return in 2010 to Tbilisi, Georgia to participa...
Perry Boulier grew up in Spartanburg, South Carolina. After graduating from Wofford College in 1984 and the University of South Carolina School of Law in 1987, he began his career as a litigator. During the course of his career, Perry has tried civil cases of almost every variety in state and federal district courts across South Carolina. For his work in the courtroom, he has been recognized as a Fellow of the American College of Trial Lawyers, a member of the American Board of Trial Advocate...
Nicole focuses her practice primarily on professional liability defense for healthcare providers, including physicians, dentists, chiropractors, nurses, and others, as well as long-term care litigation. She handles a wide variety of claims, including those alleging negligence and lack of informed consent, as well as claims involving health care providers in administrative proceedings before their respective licensing boards. Nicole has successfully represented clients in all phases of civil l...
Kenneth C. Brostron is in his 44th year of trial work. He defends health care providers and attorneys in professional negligence claims. He counsels businesses and government agencies in all aspects of their operations. He is also well-known for his work in education law, as well as state and United States constitutional matters. Mr. Brostron has been chief negotiator in labor discussions and lead counsel in a wide variety of complex litigation. His clients rely on his negotiation skills incl...
Carol Browning is an accomplished trial attorney who has tried more than 35 cases to jury verdict in multiple jurisdictions. She is a Fellow of the American College of Trial Lawyers. Her practice includes drug and medical device litigation, products liability and medical malpractice defense. She also serves as counsel to physicians and hospitals. Ms. Browning serves as national or state counsel for multiple drug, medical device and product manufacturers and is involved in multi-district litig...
Jim brings more than 35 years of trial experience to Arnold Todaro Welch & Foliano with an eclectic professional negligence client base to include physicians, nurses, hospitals, nursing homes, surgical centers, lawyers, accountants, real estate agents, and insurance agents. He also represents doctors, nurses, and other medical professionals before various administrative and licensing boards. He is admitted to practice in all Ohio and New Jersey courts. An avid hockey fan, Jim is a former ...
Troy Bundy defends professionals, including dentists, hospitals, doctors, nurses and other health professionals. From complex obstetric and neonatal matters to more routine primary care issues, Troy has litigated and tried a wide variety of professional liability cases involving nearly every conceivable medical specialty over the course of his career, including the landmark birth injury case, Klutschkowski v. OMG. Dental cases have included lingual nerve injuries, TMJ claims, and endodontic c...
Ms. Burgess is an experienced trial attorney who emphasizes health care, medical malpractice, product liability, professional liability, employment law, personal injury and municipal liability in her practice. She has tried cases in state and federal courts, on issues ranging from complex medical negligence claims, to police use-of-force and constitutional claims, and has argued appeals in Arizona’s Appellate and Supreme courts, and before the 9th Circuit Court of Appeals. In 2013 she p...
Mike Burke is a longtime member of the firm's Executive Committee, the head of the Professional Malpractice Practice Group and a member of the Litigation/ADR Department. His practice consists primarily of handling complicated civil litigation, with emphasis on professional malpractice and product liability defense.
Oscar J. Cabanas is a managing partner of the firm and works in the Miami office of Wicker Smith where he has been a shareholder since 1999. He holds an AV Preeminent® rating from Martindale-Hubbell and focuses his practice in healthcare, professional liability, products liability, commercial litigation, and transportation. Mr. Cabanas has been honored as Best Lawyers in America’s® Miami Medical Malpractice Law – Defendants “Lawyer of the Year” in 2022 and 2018...
R ichard Carroll attended Dartmouth College and received a B.A. in 1976. He graduated from Pepperdine Law School in 1984. Richard is one of the founding members of Carroll, Kelly, Trotter, Franzen & McKenna. After a short career trying criminal cases, Mr. Carroll undertook professional malpractice defense in 1986 and helped form Carroll Kelly Trotter Franzen & McKenna in 1994. He has zealously represented the defense of a variety of professions for 25 years. Richard has tried and arbi...
Mr. Cates practices litigation in the areas of medical malpractice defense, personal injury defense, healthcare, and commercial disputes. Mr. Cates represents physicians, hospitals and other healthcare providers in medical malpractice cases, and he has served as trial counsel in numerous medical malpractice jury trials. In addition, he has defended personal injury cases at trial and at arbitration. Mr. Cates also represents physicians and other professionals before their state licensing board...
Bill Chamblee is a founding partner of Chamblee Ryan and has served as the firm’s President and Managing Partner since its inception. For more than 25 years, Bill has focused his practice on civil litigation in a wide variety of areas, including personal injury defense and medical malpractice. Bill’s litigation practice includes nationwide representation of major transportation and retail corporations, as well as Texas-wide representation of insured businesses and individuals prac...
Since joining Rushton Stakely in 1996, Mr. Chapman’s practice has focused on the litigation and trial of complex matters including claims of medical malpractice, products liability, fraud, hospital medical staff issues, and toxic torts. Mr. Chapman has successfully defended individual and corporate healthcare providers as well as manufacturers, insurance companies, and other corporate entities. He has significant experience trying complex and high-exposure matters in various state and f...
Dave Chmiel joined Matis Baum O’Connor in 2009 and focuses his practice in the defense of physicians and dentists, hospitals and long term care facilities and a host of other healthcare and medical providers, including physicians assistants, nurses, physical therapists and certified nurse anesthetists to name a few. Mr. Chmiel pursued his undergraduate degree in political science at the University of Notre Dame in South Bend, IN. Upon graduation, he attended the University of Pittsburgh...
Medical Malpractice Law - Defendants Definition
In simple terms, the standard of care is the legal duty that a health care provider (physician, nurse, medical technician, hospital, clinic, etc.) owes to the patient. That duty or obligation arises from the professional relationship established with the patient. It is axiomatic that without such a relationship the obligation to treat or provide care could not exist. The professional relationship, however, does not always require direct communication between the health care provider and patient may be established indirectly. For example, in addition to a physician who accepts a patient directly, lab technicians, pathologists, and radiologists may not encounter a patient personally but have the legal duty to comply with applicable standards of care.
Most states have enacted legislation which controls this area of specialized litigation and the legal duty of health care providers is largely defined by statute. It is now universally accepted that the duty and, thus, the standard of care, requires a health care provider to exercise the degree of reasonable care, skill, and diligence as would ordinarily be exercised by a similarly situated health care provider for a similar patient under the same or similar circumstances. The primary emphasis in this definition is necessarily placed on the requirement of "reasonable" care.
Frequently the defense of these cases will focus on the fact that the law does not require a physician or health care provider to be infallible in the exercise of his/her clinical judgments for a patient. Indeed, the law does not require perfection on the part of anyone. Important emphasis is also given to the recognition by medical science that there are often unexpected, unfortunate, and even tragic outcomes that will occur, despite reasonable care. So long as the care is found to be reasonable, there is no malpractice.
In a medical malpractice case, the burden is on the plaintiff to prove the following elements in order to be entitled to a verdict:
- A duty owed by the health care provider.
- A breach of that duty, i.e., a failure by the health care provider to meet the standard of care.
- Injury or death caused by the breach of duty by the health care provider.
While the law generally imposes no burden of proof on the defendant, the defense, where appropriate, will seek to discredit the plaintiff's theory of liability by a showing of the reasonableness of the care provided & contradictions to evidence offered by the plaintiff. This is done through testimony from the defendant with emphasis on her/his training, education and experience and the basis for the clinical judgment at issue. Additionally, pertinent medical literature may be presented along with qualified expert testimony to further demonstrate the appropriateness of the care provided and, in many cases, to show that the outcome was not produced by negligence, but may be the result of an inherent risk associated with the condition of the patient or the treatment, despite good and proper care.
The law also recognizes that, within the standard of care, there are often alternative methods of treatment which may be employed for a given medical condition and that a physician, for example, must be free to choose and follow the method he deems best for his patient, even though some other physician may later argue in favor of another method. As long as the method selected to diagnose or treat was reasonable within the standard of care and implemented with due care, there would be no liability (even if the diagnosis is later shown to be incorrect or the treatment resulted in an injurious complication).
In selecting counsel for the defense of medical malpractice claims, the health care provider and his/her representative will want to ask a number of important questions such as:
- What is the experience of the attorney/law firm in defending these highly specialized cases?
- What is the rate of successful defense for the attorney/law firm?
- What resources does the firm possess for investigation, medical/legal research, qualified support staff, development of demonstrative evidence, etc.?
- What is the expected time frame to conclusion of the litigation in the jurisdiction/venue?
- What involvement will the defendant have in assistance and preparation of her/his defense?
Our Methodology
Recognition by Best Lawyers is based entirely on peer review. Our methodology is designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area.
The Process
Best Lawyers employs a sophisticated, conscientious, rational, and transparent survey process designed to elicit meaningful and substantive evaluations of the quality of legal services. Our belief has always been that the quality of a peer review survey is directly related to the quality of the voters.
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