Timothy H. Napier, Member (Partner)

Direct Dial:  502.855.3801

Practice Area

  • Medical Malpractice Defense (100%)

Professional Leadership

Professional Recognition

  • AV-Rated® by Martindale-Hubbell for legal ability and ethical standards
  • Selected for inclusion annually from 2007 to 2017 in the Kentucky Super Lawyers® publication, based upon peer recognition and professional achievement
  • Selected in 2008 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, 1998

Lectures and Publications

  • Presenter, "Crisis Charting", Stroke Symposium, University of Louisville Hospital, October 2017
  • Presenter, "Learning from Experience--Examples in Litigation", KHIC Retreat, October 2017
  • Presenter, "Advanced Topics in Law and Medicine", Topics in Clinical Medicine, University of Louisville School of Medicine, October 2017
  • Presenter, "Avoiding and Surviving a Malpractice Claim", Trauma Institute, University of Louisville Hospital Trauma Center, October 2017
  • Presenter, "Protecting Against Negligent Credentialing and Supervision Claims", KHIC Retreat, October 2016
  • Panelist, "Laws, Rules & Roles in Clinical Settings", Introduction to Clinical Medicine, University of Louisville School of Medicine, August 2015
  • Co-Author, "Dealing with the Treating Physician Witness in a Medical Malpractice Case", KDC's Common Defense, Spring-Summer 2015 Issue
  • Presenter, "Medical Negligence & Liability", Topics in Clinical Medicine, University of Louisville School of Medicine, July 2015
  • Moderator, "Hospital-Employed Physicians: Navigating the Ethical and Practical Issues of Joint Defense", KHA Convention, May 2013
  • Presenter, "Avoiding and Surviving Clinical Malpractice Claims", Kentucky Society for Respiratory Care Educational Meeting, October 2012
  • Presenter, "Being an Effective Advocate", University of Louisville School of Law, Trial Practice Skills Course, August 2012
  • Presenter, "Medical Malpractice and Insurance 101", Grand Rounds, Department of Anesthesia, University of Louisville School of Medicine, May 2012
  • Presenter, "2011/2012 Kentucky Healthcare Case & Verdict Update", KHA Convention (KAHA CLE Session), May 2012
  • Presenter, "Preparing Healthcare Professionals to Testify at Deposition or Trial" – KHIC Retreat, October 2011
  • Author, "Controlling Litigation Expenses" – KSHRM Newsletter, September 2011
  • Presenter, "2011 Kentucky Healthcare Case & Verdict Update" – KHA Convention (KAHA CLE Session), May 2011
  • Presenter, "Medical Malpractice Issues and Insurance" – Career Assembly, Department of Emergency Medicine, University of Louisville, April 2011
  • Presenter, "Nursing Malpractice Claims: How to Avoid Them and How to Survive Them" – Campbellsville University School Of Nursing, November 2010
  • Presenter, "Opening and Closing Statements in the Medical Negligence Case" – University of Louisville School of Law, Trial Practice Skills Course, 2010, 2011
  • Presenter, "Leveling the Playing Field: Using Technology at Your Next Trial or Mediation" – Louisville Bar Association CLE, 2007
  • Author, "The Face of A Hospital Defendant at Trial" – Defense Research Institute, MedLaw, Summer 2006

Leadership/Organizations

  • 2012-2015, Attorney Steering Committee Member, Citizens for Better Judges
  • 2012 President, Kentucky Academy of Healthcare Attorneys
  • 2011 President-Elect, 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

Recent Results

Medical Malpractice & Hospital Defense

  • 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 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.
  • 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, jury returned a 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.
  • Lead Trial Counsel for hospital facing premises liability claim. Plaintiff alleged ankle injury caused by alleged failure of the hospital to inspect and maintain sidewalk. After one-week jury trial, obtained defense verdict.

Media Law

  • Solo Trial Counsel for a television station sued for sex discrimination by a former employee. After one-week jury trial, obtained a complete defense verdict.
  • Successfully represented Kentucky's largest newspaper against a high-profile political candidate seeking to seal Jefferson County Family Court records from public disclosure.

Education

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 Award Scholarship
  • Army ROTC Scholarship
  • Cadet Battalion Commander, Army ROTC
  • Recipient, George C. Marshall Award

Civic

  • Head Coach, Our Lady of Lourdes Cross Country, 2014-Present
  • Board Member, School Advisory Committee, Our Lady of Lourdes, 2010-2013, 2016-Present
  • Attorney Representative, Sullivan University Legal Studies Advisory Board, 2008-2010

Military

Captain, Armor Branch, U.S. Army Reserves, 1985-1998

  • U.S. Army Airborne School, 1987
  • U.S. Army Armor School, 1990 (Commandant's List - Top 10%)
  • Operation Desert Shield, 1991 (Ft. Knox, KY)