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S. David McLean, Jr.

S. David McLean, Jr.
191 Peachtree Street, NE
Suite 2900
Atlanta, GA 30303
Practice Areas

Health Care | Medical Malpractice

David is a Partner in our Atlanta office who specializes in health care and medical malpractice litigation.

David works closely with executive leadership teams to ensure that their legal strategy aligns with and supports broader business strategy and growth goals while minimizing exposure and risk. He also counsels clients on acquisitions of hospitals, health systems and physician practices as well as other day-to-day business and financial matters.

He previously spent 15 years as in-house counsel and a member of the senior executive teams at Saint Joseph’s Health System, Emory University, Emory Healthcare and the Medical University of South Carolina, and he applies that first-hand experience and knowledge to every client matter he handles. Earlier in his career, David also served as local litigation counsel for Humana, Inc., and defended medical malpractice claims for its Georgia hospitals.

Clients including hospitals, health systems and academic medical centers rely on David for advice on regulatory compliance, internal audits and investigations, medical malpractice exposure and best practices to lower the risk of litigation, complex affiliations and business arrangements, medical staff and peer review issues, and a wide variety of other legal and business matters.

He also guides clients on structuring innovative relationships between health systems and third parties in the industry to improve quality, safety and access to health services. He has handled numerous hospital and clinical program accreditations, EMTALA, HIPAA, Medicare/Medicaid clinical research billing and compliance matters, 340B Drug Discount Programs, Stark/Anti-kickback matters, and False Claims Act investigations.

David earned a Juris Doctorate degree from Emory University School of Law, and he completed a Bachelor of Arts degree in politics at Washington & Lee University.

EXPERIENCE

David has more than 30 years of experience advocating for and protecting the rights of clients in health care. He defends hospitals, health systems, academic medical centers and physician groups in medical malpractice litigation, liability claims and a wide range of other legal, regulatory and business matters. He previously served as in-house counsel and sat on the senior leadership teams at several prominent academic health systems , giving him powerful insights and an in-the-trenches mindset as he represents clients in litigation as well as routine business matters such as acquisitions, mergers and complex business ventures.

ADMITTED

  • Georgia state courts
  • U.S. District Court for the Northern District of Georgia
  • U.S. Court of Appeals for the Eleventh Circuit

EDUCATION

  • J.D., Emory University School of Law
  • B.A., Washington & Lee University

PUBLICATIONS

  • “Promoting Transparency in Clinical Trials: Navigating the Complicated Intersection of State and Federal Laws Regarding Disclosure and Reporting Requirements,” Presenter and Panelist,
  • Managing Legal Risks in Structuring and Conducting Clinical Trials in the United States and Abroad Conference (American Conference Institute) in Philadelphia, PA, January 2011.
  • “Health Care Fraud and Abuse Primer,” Presenter, Georgia State Bar Association CLE in Atlanta, GA, March 2010, March 2009, March 2007, March 2006, March 2005.

MEMBERSHIPS

  • American Health Law Association
  • State Bar of Georgia — Health Law Section
In an article published by Modern Healthcare on November 9, 2021, HBS Atlanta-based Partner S. David McLean, Jr. discusses the legal implications of the U.S.
ATLANTA – November 10, 2021 – Hall Booth Smith, P.C. (HBS) is pleased to welcome S. David McLean, Jr. as Partner in its Atlanta office
Practice Specific Experience
Related Industries
Practice Areas

Health Care | Medical Malpractice

David is a Partner in our Atlanta office who specializes in health care and medical malpractice litigation.

David works closely with executive leadership teams to ensure that their legal strategy aligns with and supports broader business strategy and growth goals while minimizing exposure and risk. He also counsels clients on acquisitions of hospitals, health systems and physician practices as well as other day-to-day business and financial matters.

He previously spent 15 years as in-house counsel and a member of the senior executive teams at Saint Joseph’s Health System, Emory University, Emory Healthcare and the Medical University of South Carolina, and he applies that first-hand experience and knowledge to every client matter he handles. Earlier in his career, David also served as local litigation counsel for Humana, Inc., and defended medical malpractice claims for its Georgia hospitals.

Clients including hospitals, health systems and academic medical centers rely on David for advice on regulatory compliance, internal audits and investigations, medical malpractice exposure and best practices to lower the risk of litigation, complex affiliations and business arrangements, medical staff and peer review issues, and a wide variety of other legal and business matters.

He also guides clients on structuring innovative relationships between health systems and third parties in the industry to improve quality, safety and access to health services. He has handled numerous hospital and clinical program accreditations, EMTALA, HIPAA, Medicare/Medicaid clinical research billing and compliance matters, 340B Drug Discount Programs, Stark/Anti-kickback matters, and False Claims Act investigations.

David earned a Juris Doctorate degree from Emory University School of Law, and he completed a Bachelor of Arts degree in politics at Washington & Lee University.

EXPERIENCE

David has more than 30 years of experience advocating for and protecting the rights of clients in health care. He defends hospitals, health systems, academic medical centers and physician groups in medical malpractice litigation, liability claims and a wide range of other legal, regulatory and business matters. He previously served as in-house counsel and sat on the senior leadership teams at several prominent academic health systems , giving him powerful insights and an in-the-trenches mindset as he represents clients in litigation as well as routine business matters such as acquisitions, mergers and complex business ventures.

ADMITTED

  • Georgia state courts
  • U.S. District Court for the Northern District of Georgia
  • U.S. Court of Appeals for the Eleventh Circuit

EDUCATION

  • J.D., Emory University School of Law
  • B.A., Washington & Lee University

PUBLICATIONS

  • “Promoting Transparency in Clinical Trials: Navigating the Complicated Intersection of State and Federal Laws Regarding Disclosure and Reporting Requirements,” Presenter and Panelist,
  • Managing Legal Risks in Structuring and Conducting Clinical Trials in the United States and Abroad Conference (American Conference Institute) in Philadelphia, PA, January 2011.
  • “Health Care Fraud and Abuse Primer,” Presenter, Georgia State Bar Association CLE in Atlanta, GA, March 2010, March 2009, March 2007, March 2006, March 2005.

MEMBERSHIPS

  • American Health Law Association
  • State Bar of Georgia — Health Law Section
In an article published by Modern Healthcare on November 9, 2021, HBS Atlanta-based Partner S. David McLean, Jr. discusses the legal implications of the U.S.
ATLANTA – November 10, 2021 – Hall Booth Smith, P.C. (HBS) is pleased to welcome S. David McLean, Jr. as Partner in its Atlanta office
Practice Specific Experience
Related Industries