Timothy H. Napier, Member (Partner)
Direct Dial: 502.855.3801
High Severity Medical Malpractice Defense (100%)
AV-Rated® by Martindale-Hubbell for legal ability and ethical standards
Selected for inclusion annually from 2007 to 2019 in the Kentucky Super Lawyers® publication, based upon peer recognition and professional achievement
Selected as a Fellow in the Litigation Counsel of America (trial lawyer honorary society composed of less than one-half of one percent of American lawyers)
Graduate, NITA Trial Advocacy Program
Graduate, Lowry Group Claims Resolution Caucus (negotiation and mediation advocacy)
Recent Lectures and Publications
“Discovery in Medical Malpractice Lawsuits”, 2018 Kentucky Statewide Trauma and Emergency Medicine Symposium (2018)
Grand Rounds, University of Louisville Department of Psychiatry (2018)
Grand Rounds, University of Louisville Department of Anesthesia (2018)
"Advanced Topics in Law and Medicine", Topics in Clinical Medicine, University of Louisville School of Medicine (2018)
"Crisis Charting", Stroke Symposium, University of Louisville Hospital (2017)
"Learning from Experience--Examples in Litigation", KHIC Retreat (2017)
"Avoiding and Surviving a Malpractice Claim", Trauma Institute, University of Louisville Hospital Trauma Center (2017)
"Opening and Closing Statements in the Medical Negligence Case" – University of Louisville School of Law, Trial Practice Skills Course
"Being an Effective Advocate", University of Louisville School of Law, Trial Practice Skills Course
"Hospital-Employed Physicians: Navigating the Ethical and Practical Issues of Joint Defense", KHA Convention
Co-Author, "The Treating Physician Witness in a Medical Malpractice Case", KDC's Common Defense, Spring-Summer 2015 Issue
2012-2015, Attorney Steering Committee Member, Citizens for Better Judges
2012 President, Kentucky Academy of Healthcare Attorneys
2010-2011 Board Member, Kentucky Academy of Healthcare Attorneys
2008 Chair, Small Firm Section, Louisville Bar Association
Member, Defense Research Institute (Medical Liability and Trial Tactics Committees)
Member, Litigation Section, Louisville Bar Association
Lead Trial Counsel for cardiothoracic surgeon and physician’s assistant facing malpractice suit. Patient developed peripheral nerve injury following emergency CABG procedure. Patient and his experts alleged that injury could only be the result of negligence. Defended that surgeon and PA performed the surgery properly, and nerve palsy is a rare but reported complication of CABG. Unanimous defense verdict.
Lead Trial Counsel for psychiatrist facing wrongful death suit. Family alleged that physician's decision to discharge patient who later committed suicide was below the standard of care. Provider had strong defense that patient did not meet statutory criteria for involuntary hospitalization. Unanimous defense verdict.
Lead Trial Counsel for primary care provider facing wrongful death suit. Family alleged that provider delayed the diagnosis of patient's rare form of colorectal cancer. Provider had strong defenses on both standard of care and causation. After two week trial, unanimous defense verdict.
Lead Trial Counsel for hospital facing nursing malpractice suit. Plaintiff was rendered a paraplegic while recovering in the ICU from aneurysm surgery. High-risk claim involving complex medicine, extensive damages and multiple expert witnesses. After a two-week jury trial, obtained a unanimous defense verdict. Successfully defended hospital on appeal (brief and oral argument).
Trial Co-Counsel for hospital facing wrongful death suit. Ten experts testified in the case which involved complex nephrology and cardiology issues. After a three week trial, the jury returned a defense verdict for the hospital.
Trial Co-Counsel for hospital facing wrongful death suit. Case involved complex anaesthesiology and oncology issues. After a two-week jury trial, obtained a unanimous defense verdict.
Successful Daubert challenge in failure-to-diagnose transverse myelitis case. After cross-examining opposing expert at federal court hearing, Court ruled that expert's opinion regarding defendant radiologist's "read rates" was neither relevant nor reliable.
Obtained summary judgment dismissing claim against vascular surgeon who placed an IVC filter that later caused fetal demise. At the conclusion of expert discovery, successfully argued that this was the first ever reported case of fetal demise following placement of an IVC filter. Court agreed that plaintiff's complication was not foreseeable. Claim against surgeon dismissed, without appeal.
Successfully defended appeal of a failure-to-timely diagnose and treat a cardiac event case. Patient sued community hospital, alleging that the staff delayed his transfer to another facility. Trial judge dismissed the claim for lack of expert proof, and patient appealed. Authored winning brief in favor of hospital.
After completing discovery, negotiated voluntary dismissal (not settlement) of the following claims:
Alleged failure to timely diagnose fatal acute disseminated encephalomyelitis ("ADEM"). (Defended pediatric neurologist.)
Inadvertent arterial cannulation during central line placement. (Defended emergency medicine physician.)
Alleged failure to recognize and treat misplaced pedicle screw following fusion surgery. (Defended neurosurgeon.)
Alleged improper placement of central venous catheter. (Defended cardiologist.)
Alleged failure to timely diagnose hepatocellular carcinoma. (Defended hepatologist.)
JD, University of Louisville School of Law, 1993
Member, Journal of Law and Education
Author, Public Education and the Civil Rights Statutes: Recovering Attorney's Fees Under 42 U.S.C. § 1988,
Vol. 22, No. 2, J. Law and Ed.
Intern to Judge Michael O. McDonald, Court of Appeals of Kentucky
Bachelor of Arts, University of Louisville, 1989
Governor's Scholar Full Academic Scholarship
Army ROTC Scholarship
Cadet Battalion Commander, Army ROTC
Recipient, George C. Marshall Award (Awarded to top Army ROTC cadet from each program in the nation based upon scholarship, leadership, physical fitness and community involvement)
Head Coach, Our Lady of Lourdes Cross Country, 2014-2018
Board Member, School Advisory Committee, Our Lady of Lourdes, 2010-2013, 2016-2018
Attorney Representative, Sullivan University Legal Studies Advisory Board, 2008-2010
Captain, Armor Branch, U.S. Army Reserves, 1985-1998
U.S. Army Armor School, 1990 (Commandant's List - Top 10%)
Operation Desert Shield, 1991 (Assigned to U.S. Army Armor School, Ft. Knox, KY)