Kristen H. Fowler, Partner

Direct Dial:  502.855.3807

Practice Areas

  • Hospital and Physician Medical Malpractice Defense

  • Nursing Home Defense

 

Professional Recognition AND LEADERSHIP

  • AV-Rated® by Martindale-Hubbell for legal ability and ethical standards

  • Selected for inclusion in the Kentucky Super Lawyers® publication for Medical Malpractice Defense, based upon peer recognition and professional achievement, 2021-2023

  • Graduate, Lowry Group Clams Resolution Caucus, 2019 (advanced negotiation and mediation skills)

  • Graduate, NITA Trial Advocacy Program, 2015

  • Kentucky Academy of Hospital Attorneys, Board of Directors, 2020-2022

  • Kentucky Defense Counsel

    • President, 2022-2023

    • President Elect, 2021-2022

    • Vice President, 2020-2021

    • Secretary-Treasurer, 2019-2020

    • Board of Directors, 2018-present

    • Publications Committee Chair, 2018-2020 (responsible for overseeing content and quality of biannual Common Defense member publication)

  • Louisville Bar Association, Member (2015 Litigation Section Vice-Chair, 2016 Litigation Section Chair)

  • Louisville Bar Association Leadership Academy, 2012 Graduate

  • Defense Research Institute, Member

  • Louis D. Brandeis American Inn of Court, Barrister Member, 2018-2021

Recent Lectures and Publications

  • Repeat Presenter, “Legal Aspects of Medical Documentation,” 2015 to present. Ms. Fowler is frequently invited to speak on medical documentation issues to physicians, nurse practitioners, nurses of various specialties, and therapists throughout Kentucky

  • Presenter, “Kentucky Case Law Update,” Kentucky Society for Healthcare Risk Management, November 2023

  • Presenter, “Defending on Damages: Strategies from Intake Through Trial to Minimize Exposure,” Kentucky Academy of Hospital Attorneys Annual Meeting, May 2023

  • Presenter, “Kentucky Case Law Update,” Kentucky Society for Healthcare Risk Management, November 2022

  • Presenter, “Depositions 201: Preparing and Presenting Your Own Witnesses for Depositions,” Kentucky Defense Counsel Fall Seminar, October 2021

  • Presenter, “Kentucky Case Law Update,” Kentucky Academy of Hospital Attorneys, May 2021

  • Presenter, “Kentucky Case Law Update,” Kentucky Society for Healthcare Risk Management, November 2020

  • Presenter, “Legal Aspects of Medical Documentation,” 29th Annual Southern Kentucky AHEC Summer Conference, 2020

  • Presenter, "Top Ten Things to Know About Healthcare Malpractice in Kentucky," Southern Kentucky Area Health Education Center, March 2018

  • Presenter, “Just What the Doctor Ordered: Defense Strategies for Kentucky Medical Review Panels,” Kentucky Defense Counsel Fall Seminar, November 2017

  • Presenter, “Healthcare Litigation Update,” Louisville Bar Association, June 2017

  • Presenter, “Defending Your Case Against the Pro Se Litigant,” Kentucky Academy of Hospital Attorneys Annual Meeting, May 2016

  • Author, “Defending Your Next Case Against a Pro Se Plaintiff,” Common Defense, Spring/Summer 2016

  • Author, “Discovering Juror Misconduct through Social Media,” Louisville Bar Association Bar Briefs, June 2015

  • Presenter, “The Importance of Appropriate Medical Records Documentation,” Hospital Risk Management Conference, Lexington, KY on December 17, 2014

  • Presenter, “Ethics in Settlement Agreements,” Louisville Bar Association, June 2014

  • Author, “KBA v. Unnamed Attorney—The Case to Read Before Your Next Settlement,” Louisville Bar Association Bar Briefs, June 2014

  • Author, “Apportionment and Indemnity—Persisting Myths Post-Degener,” Louisville Bar Association Bar Briefs, November 2012

REPRESENTATIVE CASES

  • Trial Co-Counsel for hospital on claim alleging that inappropriate nursing care caused wrongful death of 54-year-old man from a post-operative bleed following elective colonoscopy. Won defense verdict for hospital after six-day jury trial. Plaintiffs sought 8-figure damages.

  • Trial counsel for hospital on claim arising from patient tipping backwards two times in wheelchair, striking his head on the ground on the second tip, and dying two days later. Plaintiffs sought over $10 million in damages for wrongful death, loss of consortium, medical expenses, and pain and suffering. Won summary judgment on wrongful death, consortium, pain and suffering, and nearly all the medical expenses, leaving only $46,000 recoverable at trial. The jury found against the hospital 10-2 but did not award the full $46,000. Plaintiffs appealed, and on cross-appeal, Court of Appeals vacated verdict and entered defense judgment.

  • Won summary judgment on statute of limitations in case alleging administration of incorrect blood type and risk of future pregnancy complications. Thoroughly investigated claims, deposed plaintiff, fully briefed and argued summary judgment, and obtained order of dismissal within six months of Complaint.

  • Won summary judgment on all claims on lack of causation in case alleging failure of ICU nurses to recognize allegedly misplaced central line and resulting stroke.

  • Won summary judgment on all claims on lack of standard of care and causation in case alleging negligence in performance of celiac plexus block resulting in alleged paralysis, incontinence, and disability in 32-year-old patient.

  • Won summary judgment on all claims on lack of causation in case alleging that a nursing home fall caused late-developing osteomyelitis, sepsis, and inability to walk.

  • Won summary judgment on all claims in case against hospital alleging negligent credentialing and vicarious liability for physician who allegedly performed surgery despite disabling hand condition and who was suspended by the Kentucky Board of Medical Licensure only weeks after the surgery at issue.

  • Won summary judgment on pain and suffering claim in case alleging that narcotics overdose and lack of monitoring caused anoxic brain injury in 52-year-old patient.

  • Won multiple summary judgments on ostensible agency claims against hospitals for alleged physician negligence.

  • Won summary judgment for hospital on allegations that hospital violated EMTALA in treatment of a young man who allegedly died of pulmonary embolism after three emergency room visits in one week.

Other Results

  • Avoided litigation and any settlement payment by quickly and thoroughly investigating pre-litigation medical negligence claims and conveying their lack of merit to claimant’s counsel. These included potential claims for alleged misdiagnosis and wrongful death of a young mother, inappropriate administration of narcotics, shoulder injury during surgery, and failure to prevent fall during a seizure.

  • Obtained favorable settlements in numerous cases by thoroughly preparing healthcare providers and hospital corporate representatives to provide articulate and confident deposition testimony.

  • Obtained voluntary dismissal with no settlement payment in several medical negligence cases by obtaining key admissions in plaintiffs’ depositions and by presenting plaintiffs’ counsel with compelling legal argument or medical literature.

  • Obtained favorable early settlement in numerous cases where client decided to pursue early settlement given information learned from thorough initial investigation.

  • Obtained dismissal of grievances and disciplinary matters against physicians before the Kentucky Board of Medical Licensure.

  • Successfully moved to exclude damaging peer review documents from evidence permitted at trial.

States Licensed

  • Kentucky

  • Indiana

Education

Juris Doctor, magna cum laude, Indiana University Maurer School of Law, 2007

  • Indiana Law Journal, Managing Editor

Bachelor of Arts, summa cum laude, Hanover College, 2004

Judicial Clerkships

  • Hon. Justice Theodore R. Boehm, Indiana Supreme Court, 2007-2009

  • Hon. Magistrate Judge Tim A. Baker, U.S. District Court for the Southern District of Indiana, 2009-2011