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 Kentucky Super Lawyers® publication, based upon peer recognition and professional achievement

Lectures and Publications

  • Panelist, "Laws, Rules, and Roles," Introduction to Clinical Medicine, University of Louisville Medical School, August 2017, August 2018
  • 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
  • Presenter, "Medical Records Security and Privacy", LORMAN Educational Seminars, Bowling Green, KY, February 2012

Recent Trials, Appeals and Cases

At Trial

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 claim relating to a life-threatening complication from diabetes medication and alleged failure to monitor the patient's status (defended endocrinologist).

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

Professional and Community Involvement

  • 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
  • Louisville Bar Association, Litigation Section
  • Kentucky, Illinois, and Missouri Bar Associations