Timothy H. Napier, Member (Partner)

Direct Dial:  502.855.3801

Practice Area

  • High Severity Medical Malpractice Defense (100%)
    • Wrongful Death
    • Catastrophic Injury

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

Recent Lectures and Publications

  • Presenter, "Crisis Charting", Stroke Symposium, University of Louisville Hospital
  • Presenter, "Learning from Experience--Examples in Litigation", KHIC Retreat
  • Presenter, "Advanced Topics in Law and Medicine", Topics in Clinical Medicine, University of Louisville School of Medicine
  • Presenter, "Avoiding and Surviving a Malpractice Claim", Trauma Institute, University of Louisville Hospital Trauma Center
  • Presenter, "Protecting Against Negligent Credentialing and Supervision Claims", KHIC Retreat
  • Presenter, "Medical Negligence & Liability", Topics in Clinical Medicine, University of Louisville School of Medicine
  • Presenter, "Being an Effective Advocate", University of Louisville School of Law, Trial Practice Skills Course
  • Presenter, "Medical Malpractice and Insurance 101", Grand Rounds, Department of Anesthesia, University of Louisville School of Medicine
  • Presenter, "Preparing Healthcare Professionals to Testify at Deposition or Trial" – KHIC Retreat
  • Presenter, "Opening and Closing Statements in the Medical Negligence Case" – University of Louisville School of Law, Trial Practice Skills Course
  • Co-Author, "Dealing with the Treating Physician Witness in a Medical Malpractice Case", KDC's Common Defense, Spring-Summer 2015 Issue
  • Panelist, "Laws, Rules & Roles in Clinical Settings", Introduction to Clinical Medicine, University of Louisville School of Medicine
  • Moderator, "Hospital-Employed Physicians: Navigating the Ethical and Practical Issues of Joint Defense", KHA Convention

Leadership/Organizations

  • 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

Recent Results

At Trial

  • 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.

Before Trial

  • 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.
  • After completing discovery, negotiated voluntary dismissal (not settlement) of the following claims:
    • Failure to timely diagnose fatal acute disseminated encephalomyelitis ("ADEM"). (Defended pediatric neurologist.)
    • Inadvertent arterial cannulation during central line placement. (Defended emergency medicine physician.)
    • Failure to recognize and treat misplaced pedicle screw following fusion surgery. (Defended neurosurgeon.)

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)