Attorney - Rush S. Smith, Jr.

Attorney:

Rush S. Smith, Jr.
Partner
HBS Atlanta Office

P: 404-954-6937
F: 678-539-1517
E: rsmith@hallboothsmith.com
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Overview

Mr. Smith has achieved Martindale-Hubbell's highest rating for legal ability and ethics for more than 20 years. He has been listed for the past six years as one of Georgia's "Super Lawyers" by Atlanta Magazine in a peer-reviewed selection process utilized around the country as well as in its Corporate Counsel edition.

He currently chairs the firm's Professional Liability Practice Group and served as chair of the USLaw Professional Liability Practice Group from 2005-2007. He is a frequent speaker assisting the Georgia Bar's Institute for Continuing Legal Education, state and national professional associations' continuing education programs, and risk management seminars across the state.

Practice Areas

General Liability

Mr. Smith has litigated cases covering the full variety of civil matters from vehicular accidents to boundary line disputes to fraud and abuse cases for 34 years.

Health Care

Mr. Smith represents hospitals' and physicians' practice groups across the State, providing counsel in regulatory matters, loss prevention issues, governmental regulatory compliance and relationships with contractors. His more than 34 years of experience in handling civil litigation for hospitals, physicians and practice groups makes him particularly well-suited to provide practical and useful guidance in loss prevention/loss management programs. He regularly represents physicians and other health care professionals before the various licensing boards in the State as well as before the Administrative Courts in matters involving licensure and Medicare/Medicaid reimbursement. He served as a lobbyist for the Georgia Hospital Association in its successful effort to get a comprehensive Tort Reform package enacted in 2005.

Insurance Coverage

Mr. Smith's insurance coverage experience spans more than 34 years of representation of insurers and insureds in coverage disputes.

Products Liability

Mr. Smith has represented numerous manufacturers and retailers in product liability claims including heavy equipment, medical products, household appliances and tools. His cases include a successful defense of a wrongful death claim against an incubator manufacturer, pre-suit defense of a medical device death case involving a world-wide product recall, workplace injuries involving skid steer loaders and hand-held power tools, among others.

Professional Malpractice and Ethics

Mr. Smith's practice includes the representation of attorneys in legal malpractice claims ranging from securities issues to alleged attorney fraud. He has specialized experience in representing attorneys in cases brought by bankruptcy trustees as they attempt to marshal debtors' assets. Additionally, he represents professionals sued for negligence, fraud and fiduciary breaches in nearly every other area of professional practice. His practice includes the defense of organizations sued for criminal or civil misconduct of its employees including counseling centers and churches. His special understanding of the difficulties involved in representing directors and officers with varying degrees of interest and dedication to the defense has led to his successful representation of D&O claims in a variety of corporate environments including health care organizations.

Professional Negligence / Medical Malpractice

Rush Smith is one of Georgia's leading medical malpractice defense lawyers, having defended physicians, hospitals, attorneys and other professionals in jury trials across Georgia and in federal court for more than 34 years.

Education

Law Emory University, J.D., 1978
Undergraduate Universitaet Stuttgart, Stuttgart, Germany, 1969-1970
Georgia Institute of Technology, B.S. Physics, 1972

Admitted

State of Georgia (all State and Superior Courts; Georgia Court of Appeals; Georgia Supreme Court)
U.S. District Courts (Northern and Middle Districts)
Fifth and Eleventh U.S. Circuit Court of Appeals

Membership

American Bar Association
Atlanta Bar Association
State Bar of Georgia
Defense Research Institute
Lawyers Club of Atlanta
Professional Liability Underwriters' Society
USLaw Network

Publications

Chair, State Bar of Georgia Institute for Continuing Legal Education, Psychiatric Malpractice Seminar, 9/21/2000, "Mental Health Malpractice and Litigation"

Paper and presentation, Professional Education Series, Inner Harbour Hospitals, 5/25/2000, "An Ethical Primer: Avoid Malpractice by Understanding the Pitfalls"

Paper and presentation, Professional Education Series, Inner Harbour Hospitals, 5/22/99

Chair, State Bar of Georgia Institute for Continuing Legal Education, Psychiatric Malpractice Seminar, 9/24/98, "Mental Health Professionals and Malpractice"

"The Civil Jury Trial: Cross-Examination." Paper and presentation, April, 1984; Institute of Continuing Legal Education in Georgia

"Negotiating Attorneys' Fees In Civil Rights Cases: Ethical Dilemma/Ethics From The Defendant's Viewpoint." Paper and presentation, December, 1985; sponsored by Atlanta Chapter, National Lawyers Guild

"Management/Quality Assurance For Operating Room Supervisors." Paper and presentation, September, 1988; MediVision, Inc., Boston, Massachusetts

"Georgia Trial Advocacy: Pre-Trial Preparation/Foundation Of Litigation." Paper and presentation, September, 1988 with William C. Lanaham, Esq.; Georgia State University Center for Continuing Legal Education College of Law

"Georgia Trial Advocacy: Pre-Trial Preparation/Case Management And Negotiations In Settlement." Paper and presentation, September, 1988 with William C. Lanaham, Esq., Michael P. Froman, Esq.; Georgia State University Center for Continuing Legal Education College of Law

"Georgia Trial Advocacy: Trial Techniques/Direct Examination and Cross-Examination." Paper and presentation, November, 1988 with William C. Lanaham, Esq. and the Honorable Joel J. Fryer; Georgia State University Center for Continuing Legal Education College of Law

"Avoiding Malpractice." Paper and presentation, December 16, 1988; two day seminar sponsored by the Georgia Psychological Association, Georgia Chapter of the American Academy of Psychiatry and Law and Institute of Continuing Legal Education in Georgia

"Advanced Insurance Law Seminar: Professional Liability Cases And Coverage." Paper and presentation, May, 1989; School Of Law, University Of Alabama, Alabama State Bar Institute Of Continuing Legal Education, Birmingham, Alabama

"Record Keeping Practices Of Psychotherapists: Empirical Findings And Implications For The Practitioner." Joint Paper and presentation May, 1989 with Patricia L. Maykuth, Ph.D., JRP, Robert B. Remar, J.D. and John R. Paddock, Ph.D.; Georgia Psychological Association 1989 Annual Meeting, Atlanta, Georgia

"Legal Ramifications Of Medical Record Documentation." Paper and presentation, June 6, 1990; Medical Staff, Conference, Ridgeview Institute, Atlanta

"Ethics In A Clinical Practice - A Lawyer's Perspective." Paper and presentation, May, 1991; 1991 Professional Education Series sponsored by Inner Harbor Hospitals, Ltd

Activities

Georgia Tech Committee of Twenty (Former Chair)
Georgia Tech National Alumni Association( Former Trustee)
The Children's School Board of Trustees (Former Chair)
First Presbyterian Church of Atlanta
Samaritan Counseling Center of Atlanta, Inc. (Board Member)

 

Speaking

 

"Malpractice Avoidance"; Speaker, 4/29/99, West Central Georgia Regional Hospital, "Ethics & the Mental Health Professional"

Speaker, 2/26/99, Southern Council of Optometrists, Medico-Legal Panel

Chair, State Bar of Georgia Institute for Continuing Legal Education, Psychiatric Malpractice Seminar, 9/24/98, "Mental Health Professionals and Malpractice"

"Grand Rounds Ethics Conference - Termination of Life Support." Lecture, September, 1989; Northside Hospital Medical Staff, Atlanta

Awards

AV® Preeminent™ Peer Review Rated by Martindale-Hubbell 

Super Lawyers 2005, 2006, 2007, 2008, 2009, 2010, 2012, 2013, 2014