Victoria E. Boggs, Partner
Direct Dial: 502.855.3806
Practice Areas
Hospital and Physician Medical Malpractice Defense (100%)
Professional Recognition
Selected for inclusion in the 2019, 2020, 2021, 2022 and 2023 Kentucky Super Lawyers® publication for Personal Injury Medical Malpractice: Defense, based upon peer recognition and professional achievement
Lectures and Publications
Presenter, “Managing the Risks of Medical Malpractice Claims in Emergency Medicine,” Owensboro Health Regional Hospital, October 2023
Presenter, “Preventing and Managing Risk in Medical Care,” Residents as Leaders Program, University of Louisville School of Medicine, October 2023
Co-Presenter, “Best Practices to Avoid Medical Malpractice Cases and Defend Your Care,” All Medical Staff/Surgery Roundtable, Mary & Elizabeth Hospital, October 2021
Presenter, “Medical Malpractice Cases: How Records Become Evidence, and a Case Example and Discussion,” Trauma Multidisciplinary Conference, University of Louisville Hospital, July 2021
Author, “Let’s Be Exclusive: Harnessing Daubert in Medical Negligence Defense,” Common Defense, Summer 2019
Panelist, "Laws, Rules, and Roles," Introduction to Clinical Medicine, University of Louisville Medical School, August 2017, August 2018, August 2019
Presenter, "Medical Negligence & Liability", Topics in Clinical Medicine, University of Louisville School of Medicine, October 2016, March 2018
Presenter, "Avoiding and Surviving Dental Malpractice Claims," University of Louisville School of Dentistry, October 2016
Presenter, "Defending Your Case Against the Pro Se Litigant," Kentucky Academy of Hospital Attorneys Annual Meeting, May 2016
Co-Author, "Defending Your Next Case Against a Pro Se Plaintiff," Common Defense, Spring/Summer 2016
Presenter, "Kentucky Health Care Case Law Update", Kentucky Academy of Hospital Attorneys Annual Meeting, May 2015
Presenter, "The Basics of Voir Dire", Louis D. Brandeis American Inn of Court, Louisville, KY, April 2015
Author, "Curbside Consults: Tips for Treading Carefully and Avoiding a Head-On Collision with Kentucky Law", KMRRRG Professional Liability Update, January/February 2015
Recent Trials, Appeals and Cases
At Trial
Co-Trial Counsel for infectious diseases specialist facing wrongful death suit. Plaintiffs’ expert alleged that I.D. specialist failed to diagnose Bactrim-induced-meningitis. Successfully proved at trial that Bactrim-induced-meningitis is rare, and the I.D. specialist’s diagnosis and treatment were reasonable under the circumstances. After nearly three weeks of trial, jury returned a defense verdict.
Co-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 almost two weeks of trial, jury returned a defense verdict.
Co-Trial Counsel for hospital facing premises liability claim. Plaintiff claimed an ankle injury caused by alleged failure of hospital to inspect and maintain sidewalk. After a one-week jury trial, obtained defense verdict.
Lead Trial Counsel for healthcare staffing company facing a claim of tortious interference with a healthcare provider's non-compete agreement. After a one-week jury trial, obtained a directed verdict in favor of the staffing company.
Before Trial
Obtained summary judgment or dismissal of the following claims:
Paraplegia complication following cervical surgery (defended spinal surgeon);
Alleged failure to instruct patient with Hepatitis C regarding medication, in light of patient's other conditions and medications (defended prescribing provider);
Alleged failure to recognize and address symptoms of stroke (defended hospital);
Alleged failure to properly diagnose and treat femoral neck fracture (defended hospital).
Also negotiated voluntary dismissal (not settlement) of claims relating to a life-threatening complication from diabetes medication and alleged failure to monitor the patient's status (defended endocrinologist); claims relating to a deep vein thrombosis that allegedly progressed to a fatal pulmonary embolism (defended hospital); and claims relating to complex vascular surgery intervention including above-the-knee amputation (defended vascular surgeon).
After extensive briefing, successfully obtained order from United States District Court in a medical negligence matter, denying plaintiff's motion to compel additional responses to all but two of the over 30 requests at issue in a motion to compel discovery. This briefing culminated in an opinion that has been extensively cited as authority for applying the amended discovery rule (FRCP 26(b)(1)), and encouraging judges to be more aggressive in identifying and discouraging the overuse of discovery, particularly when it is "marginally relevant" to the claims at issue.
On Appeal
Obtained summary judgment for hospital and radiologic technologist in case in which patient alleged negligence in mammography procedure and damage to a breast implant. Successfully argued that doctrine of res ipsa loquitor did not apply to case, and Plaintiff was required to present expert opinion evidence to prosecute her claim. Court agreed that res ipsa loquitor had no application to case and that Plaintiff failed to support her medical negligence claim with the required expert opinion. Plaintiff sought review with the Kentucky Court of Appeals. After fully briefing the issues, successfully obtained opinion from the Kentucky Court of Appeals, which upheld the summary judgment in favor of hospital and technologist.
Admitted to practice
Missouri, 2005
Illinois, 2006
Kentucky, 2007
U.S. District Court, Eastern and Western Districts of Kentucky
U.S. Court of Appeals, Sixth Circuit
Education
Washington University School of Law, J.D., 2005
Managing Editor, Washington University Global Studies Law Review, 2004–2005
Dean's List
Western Michigan University, B.A., summa cum laude, 2002
Phi Beta Kappa
John G. Gill Medallion Scholar (full-tuition academic scholarship)
Professional and Community Involvement
Kentucky Academy of Hospital Attorneys
Kentucky Defense Counsel
Barrister Member, Louis D. Brandeis American Inn of Court, 2012-2015
Adjunct Professor of Law, Northern Kentucky University Salmon P. Chase School of Law, 2012-2014
Leadership Kentucky, Class of 2013
Kentucky, Illinois, and Missouri Bar Associations