Attorney - Terrell W.  Benton, III

Attorney:

Terrell W. Benton, III
Partner
HBS Atlanta Office

P: 404-954-6958
F: 404-954-5020
E: cbenton@hallboothsmith.com
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Overview

A native of Athens, Georgia, Mr. Benton is a member of the General Liability, Professional Malpractice and Ethics and Professional Negligence / Medical Malpractice  practice groups. His primary area of practice is representing physicians, hospitals, and other healthcare workers in medical malpractice lawsuits. He also has extensive experience in handling premises liability, toxic torts, malicious prosecution, trucking and automobile liability cases; he has tried several cases throughout the state in these areas. In addition, Mr. Benton has also has represented physicians before the State Composite Medical Board and the State Dental Board.

Mr. Benton is very active in the community. He has been a volunteer for the past several years for the Truancy Intervention Project. He has represented numerous children in juvenile court on truancy related matters. He is now serving on the Advisory Board for the Metro Atlanta Salvation Army. He has also served as a volunteer for Habitat for Humanity, has been active in Peachtree Road United Methodist Church, and coaching in various youth sports programs in Atlanta.

Mr. Benton began his legal career as a law clerk to Honorable Kenneth Kilpatrick in the Superior Court of Clayton County where he was responsible for drafting orders on all motions before the Court. He was an associate at another law firm in Atlanta prior to joining Hall Booth Smith in 2000. He became a partner in 2004.

He is married to Mary T. Benton and they have two sons: Will and Marshall.

Practice Areas

General Liability

Mr. Benton has extensive experience in general liability cases, including premises liability, automobile liability and construction cases.

Professional Malpractice and Ethics

Mr. Benton's practice includes representation of attorneys in legal malpractice claims ranging from real estate issues to fraud to general legal matters.

Professional Negligence / Medical Malpractice

Chip Benton has been litigating in the health care field since 1997. He represents doctors, nurses, and hospitals throughout the State of Georgia. He handles all matters in medical negligence cases and other high exposure catastrophic injury cases. He has extensive first chair jury trial experience in all areas of Georgia with over forty jury trials. In addition, Mr. Benton has represented physicians before the State Composite Medical Board, the State Dental Board, and other regulatory agencies.

Some recent litigation highlights for Mr. Benton are:

  • Lead counsel in a medical malpractice case defending a rheumatologist. The allegations involved over-prescribing Imuran and failing to monitor blood levels. Received defense verdict in the U.S. District Court for the Northern District of Georgia.
  • Lead counsel for neurosurgeon in Cobb County, Georgia for a case involving failure to treat recurrent pituitary tumor. Received defense verdict, 2008.
  • Lead counsel for emergency medicine physician in Middle Georgia accused of failing to diagnose Stevens Johnsons Syndrome. Received defense verdict, 2008.
  • Lead counsel in medical malpractice case for pain management physician. The allegations involved physician's improper technique for performing cervical epidural steroid injections. Received defense verdict, 2007.
  • Lead counsel in medical malpractice case in Gwinnett County involving nursing home care. Received defense verdict for internist for his alleged failure to monitor patient's PT/INR and Coumadin levels, 2007.
  • Lead counsel for orthopedic surgeon in Baldwin County, Georgia, where allegations included physician's improper removal of locking plates for radius and ulna surgery. Received defense verdict, 2007.
  • Co-lead counsel for CRNA in Fulton County. CRNA allegedly moved a patient pre-surgery allegedly causing his paralysis. Received defense verdict, 2007.
  • Lead counsel for cardiothoracic surgeon in Fulton County, where allegations include failure to diagnose a deep vein thrombosis post quadruple bypass surgery. Received defense verdict, 2007.
  • Lead counsel for emergency room physician in wrongful death case where the physician allegedly failed to diagnose a volvulus. Received defense verdict, 2006.
  • Lead counsel for family practice physician in wrongful death action for failing to diagnose Cryptococcus for a patient previously diagnosed with Sarcoidosis. Received defense verdict, 2010.
  • Lead counsel for dentist accused of improperly severing the lingual nerve during an extraction.  Received defense verdict, 2009.
  • Lead counsel for general surgeon in placement of dialysis catheter. The allegations involved improper surgical technique and failing to recognize complication. Received defense verdict, 2013.
  • Lead counsel for dermatologist in Henry County, Georgia. The allegation was improper removal of a cyst on the scalp. Received defense verdict, 2013.
  • Lead counsel for urologist in Toombs County, Georgia. The allegations were that urologist improperly administered microwave therapy for prostate reduction. Received defense verdict, 2013.
  • Lead counsel for OB/GYN in Fulton County. The allegations involved retained sutures after a hysterectomy. Received defense verdict, 2013.
  • Lead counsel for vascular surgeon in Fulton County on claims for negligence while placing a catheter. Received defense verdict, 2014.
  • Lead counsel for pain management physician in Coweta County including allegations of improper placement of an epidural. Received defense verdict, 2014.
  • Lead counsel for pain management physician in failure response to complications post epidural in Athens-Clarke County. Received defense verdict, 2015.

Education

Southern Methodist University, B.A., Political Science, 1992
University of Oklahoma College of Law, 1995, J.D.

Admitted

1995 State of Georgia
United States District Court, Northern District of Georgia
United States District Court, Middle District of Georgia

Membership

American Bar Association
Atlanta Bar Association
Lawyers Club of Atlanta
Georgia Defense Lawyers Association
Defense Research Institute

Publications

Update of Georgia Law on General Liability, 2002, and Atlanta Claims Convention, 2003

Hospital Liability for Doctors Practicing as Independent Contractors, 2002, For the Record, Hall, Booth, Smith

Recent Developments in Medical Malpractice, Hall, Booth, Smith Healthcare Law Seminar, 2002

Court of Appeals Adopt, Continuing Treatment Doctrine in Appropriate Medical Malpractice Case Including Alleged Misdiagnosis, 2001, For the Record, Hall, Booth, Smith

Presentations

The Atlanta Claims Association. Situational Ethics: Ethics and Professionalism at Alternative Disupte Resolution and Trial.

The Medical Protective Company CME for Dentists and Physicians, How to Avoid Malpractice Lawsuits, 2003, 2004, Atlanta, Georgia

Seminars:

Georgia ICLE; Defense of a Personal Injury Case, 2011, 2012, 2013, 2014, 2015, 2016


Update of Medical Malpractice Case Law, 2008

ICLE Medical Malpractice Seminar, November, 2008

Jury Trials CLE, State Bar of Georgia, May, 2007, Atlanta

Medical Protective Physician's Group, How to Avoid a Lawsuit?, October, 2007, Atlanta

Speaker, Defense of a Personal Injury Claim: Update on Tort Reform in Georgia, October 29, 2009

Speaker, Medical Malpractice Seminar: Update on Case Law, 2009.

Update on Medical Malpractice Law: Recent Cases and Their Impact on the Defense, Annual North Georgia Seminar, November, 2004.

Awards

Super Lawyer Rising Star 2009, 2010, 2013

Atlanta Business Chronicle's "Top 40 Under 40", 2009

AV® Preeminent™ Peer Review Rated by Martindale-Hubbell

Appeals

Successfully obtained summary judgment at trial court level and affirmed by the Court of Appeals in a Dram Shop case involving paralyzed plaintiff.
Successfully defended a summary judgment order for intensivist involving standard of care and withdrawal of care issues.