Medical Malpractice

The practice of medicine is guided not only by science but also by subjectivity.  Opinions, experience, and instinct often come into play when care providers make key medical decisions.  This subjectivity is capable of producing practice standards that are broad and diverse.  This subjectivity can also be problematic in the litigation arena when medical treatment yields less than optimal results.  Through their extensive experience and training, knowledge of medicine, and access to top medical experts, the attorneys at Hall Booth Smith, P.C. provide the highest quality representation to medical providers before, during, and after litigation.

Since the inception of the firm, a significant portion of Hall Booth Smith’s practice has been the defense of professionals in medical malpractice lawsuits.  HBS attorneys have substantial experience counseling and representing professionals in all areas of patient care.  Members of the firm have successfully defended doctors, nurses, physician practice groups, hospital entities, health care systems, long term care facilities, and managed care organizations from a variety of claims, including negligent care and treatment, negligent misdiagnosis, negligent referral, lack of consent, personal injury, gross negligence, and wrongful death.

Our attorneys have first chair experience in handling jury trials, arbitration, and mediation for medical providers.  Additionally, our practice goes well beyond defending claims and lawsuits; we also provide legal analysis and counseling regarding credentialing, negligent retention, and risk management.  Our attorneys offer you help in and out of the courtroom.  We are dedicated to surpassing our clients’ expectations in providing the highest quality legal representation tailored to each client’s individual needs and unique circumstances.

For more than twenty years, HBS attorneys have been involved in the representation of professionals in a variety of medical fields, including:

  • Acute care centers
  • Ambulance services
  • Assisted living facilities
  • Agency nurses
  • Blood banks
  • Home health services
  • Hospitals and health systems
  • Long term acute care facilities
  • Long term care facilities
  • Managed care organizations
  • Outpatient surgery centers
  • Pharmacists and pharmacies
  • Physicians and physician practice groups

The HBS medical malpractice defense team provides a complete array of services to our clients including:

  • Defending medical malpractice lawsuits from the complaint to the trial
  • Representing clients at mediation
  • Investigating claims
  • Reaching successful settlements
  • Performing mock trials for jury feedback and analysis
  • Providing legal analysis and counseling
  • Speaking and serving as panellists at industry related events and conferences
  • Making presentations to medical committees, hospital administrations, or hospital employees
  • Reviewing policies and procedures
  • Representing licensed professionals before their respective licensing boards
  • Advising professional health care providers on ways to minimize risk and exposure in their practice
  • Assisting clients in adopting safe practices for medical facilities
  • Lobbying for clients on laws impacting the medical field and medical providers

Our attorneys are involved in important community organizations and have received honors in their field of practice:

  • Atlanta Business Chronicle‘s “Top 40 Under 40”
  • ASHRM –  American Society for Healthcare Risk Management
  • Coastal Alliance for Protection of Elderly
  • Coastal GA Regional Development Center Aging Services Advisory Council
  • FHA –  Florida Hospital Association
  • FSHRMPS –  Florida Society for Healthcare Risk Management Patient Safety
  • GAHA – Georgia Academy of Healthcare Attorneys
  • GHA – Georgia Hospital Association
  • GSHRM – Georgia Society for Healthcare Risk Management
  • Health Law Section of the Georgia Bar Association
  • Heartland Hospice volunteer and Professional Advisory Committee member
  • Medical University of South Carolina, College of Medicine
  • NCSHRM –  North Carolina Society for Healthcare Risk Management
  • TSHRM –  Tennessee Society for Healthcare Risk Management
  • SCSHRM –  South Carolina Society for Healthcare Risk Management
  • Super Lawyer Magazine‘s “Super Lawyers”
  • Super Lawyer Magazine‘s “Rising Star”
  • The Best Lawyers in America
  • University of South Carolina Graduate School in Pharmacology

Leadership

For over 25 years, John Hall worked with a vision to establish himself as one of the top litigators in the health care field. He represents hospital entities and health care systems directly in Georgia, Tennessee, Florida, and Alabama. Mr. Hall also represents hospital entities and health care systems throughout the Southeastern United States for various insurancecarriers as part of National Counsel Programs. He handles matters involving birth trauma injuries and other high exposure catastrophic injury cases on a regular basis.

Related Industries

Construction

HBS assists the construction industry in a wide variety of private and public construction projects, including commercial, residential, industrial, and mixed-use properties. In addition to managing risk and defending and asserting liability claims on behalf of clients, we regularly advise on the myriad of issues that arise in the course of planning, managing and completing construction projects. As a full-service law firm, we offer services in construction related fields, such as real estate, litigation, ADR/arbitration, finance, environmental, land use, energy, regulatory, and utilities.

HBS construction attorneys have handled the entire gamut of claims that can be brought in the construction industry, including successfully representing property owners, developers, contractors, subcontractors, architects and engineers, construction managers, suppliers, transportation providers and haulers, individuals, corporations, electric companies, engineering companies, government entities, insurance carriers and sureties regarding construction industry issues.


Entertainment

Representing creative minds and creative businesses,  Hall Booth Smith provides clients with the business advice and legal guidance needed to succeed in the ever-evolving multimedia entertainment marketplace.

From day-to-day business operations and management advice to transactional guidance and dispute resolution, our attorneys help those in the entertainment industry manage talent and preserve, protect and actualize their entertainment property and services. We have critical access to key players in the entertainment industry and provide clients with the business-oriented and dedicated legal advice needed to thrive.

Transactional and litigation attorneys work together seamlessly, handling all of our clients’ legal needs and helping them achieve their goals. Our experience is diverse and includes advising clients regarding music, film, television, software, books and other print media, advertising, and graphic, visual and performing arts, social media and gaming, negotiating the full range of transaction documents and industry agreements, and litigating disputes. We assure that our clients’ creativity and their rights in creative works are fully protected.

As active members of various respected industry-leading societies, including NARAS, CMA,  we remain at the forefront of industry trends and legal developments. Our attorneys speak regularly on industry panels, contribute as writers to respected industry publications and serve on boards of several industry non-profit organizations.


Health Care

Already among the most regulated industries, and now grappling with the uncertainty regarding the impact of the Patient Protection and Affordable Care Act and other reforms, the health care industry and those doing business with the sector rely on HBS to advise on and effectively resolve their business, legal, and regulatory challenges. We advise on all aspects of our clients’ healthcare related businesses from structuring, employment issues, office management, corporate governance and transactional matters to malpractice issues, patient privacy, records retention and data protection.


Education

Hall Booth Smith provides transactional and operational counsel as well as investigative and litigation services to a wide variety of public and private school entities, their administrators and boards, and others involved with the education sector. We have represented K-12 educational institutions, colleges and universities, school district board members, administrators and staff, handling the full range of school-related issues they encounter, including civil rights, First Amendment rights, student discipline, school violence, special education, testing/promotion, access to student records, and fraternity and sorority matters. Our Education lawyers also advise on and resolve employment and labor issues including teacher evaluations, remediation and discipline, teacher dismissals, at-will employment, sexual harassment, and Title VII, as well as represent professional educators in internal investigations and disciplinary proceedings and other matters related to their employment.

Recognizing that the most effective solution is prevention, we review our clients’ existing policies and help them devise risk avoidance strategies and comprehensive rules, policies, and procedures to minimize their exposure. As an added value, HBS lawyers offer training programs to assure that our clients’ administrators, school board members, school system officials, educators, and staff fully understand the rules and the importance of compliance. Through these workshops, attendees learn to readily identify and address issues and concerns before they become problems.


Government & Municipalities

With a team of former and current government leaders , and those actively involved in various areas of government, HBS offers comprehensive representation and advice to those in government, including states, counties, cities, non-profits and other related industries.

Our team members are regarded as among the most influential leaders in the state of Georgia and are repeatedly recognized for their work on behalf of clients in the government arena. Regularly interacting with legislative leaders concerning client needs, we maintain close working relationships with elected officials, appointed officials, and agency staff, enhancing our ability to provide expertise and counsel. Leveraging our connections, regulatory know-how and legal experience, we work with local, county and state government officials to craft good policy and address our clients’ legislative, regulatory and legal concerns.

HBS attorneys assist clients with the full range of local, county and state government affairs, regulatory matters, lobbying efforts, and political and campaign finance issues. Understanding the regulatory framework which affects our clients’ business operations, we are particularly adept at helping related regulated industries such as utilities, energy and trade associations, telecommunication companies, health care, insurance, local governments, and nonprofit organizations with compliance matters.


Insurance

From appraisals, coverage, claims and adjusting issues to drafting and review of insurance policy, regulatory compliance advice and dispute resolution, HBS assists insurance industry clients with resolving the many challenges they face.

In addition to managing risk and defending liability claims, we regularly advise clients on the full range of insurance products, services, and coverages, including general liability, automotive, life, property and casualty, director and officers’ liability, professional malpractice, errors & omissions coverage, business interruption and environmental, cyber-risk and other specialty coverages and exclusions.

Our lawyers represent clients in courts of all levels throughout the United States, litigating class actions, multiparty and multi-district cases as well as individual lawsuits involving virtually every type of claim, coverage, fraud and bad faith action. We handle regulatory investigations and enforcement actions and are experienced with all forms of alternative dispute resolution. Active insurance coverage attorneys in the international insurance markets, we also help domestic clients gain access to the overseas market and assist foreign insurers in managing their domestic litigation.

As industry leaders, HBS Insurance Coverage lawyers have been recognized as Super Lawyers and Rising Stars in the field of insurance. Team members regularly write and lecture on insurance and property ISU issues, and are active members in insurance industry groups. As a value-added, we offer clients employee training to help their staff understand the laws and regulatory requirements impacting their industry and strategies to minimize risk exposure.