Tim Napier

Direct: (502) 855-3801

• High Severity Medical Malpractice Defense

  • Wrongful Death

  • Catastrophic Injury

• Lead 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. 

• 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.

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.

• 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.)

  • Alleged paraplegia resulting from spinal cord stimulator revision. (Defended neurosurgeon.)

  • Alleged failure to order appropriate DVT prophylaxis. (Defended orthopedic surgery residents.)

• Named to the Kentucky Super Lawyers® “Top 50” list in 2026, 2025, 2024 and 2022. (Recognition list that highlights the most outstanding lawyers in Kentucky based on a rigorous selection process involving peer nominations and independent research.)

• Selected for inclusion annually from 2007 to 2026 in the Kentucky Super Lawyers® publication, based upon peer recognition and professional achievement

• AV-Rated® by Martindale-Hubbell for legal ability and ethical standards

• 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)

• "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", Kentucky Academy of Hospital Attorneys, KHA Annual Meeting

• Co-Author, "The Treating Physician Witness in a Medical Malpractice Case", KDC's Common Defense

• “How to Defend Against Manufactured EMR/EHR Discovery Disputes”, Kentucky Academy of Hospital Attorneys, KHA Annual Meeting

• Grand Rounds, University of Louisville Department of Orthopaedic Surgery

• Grand Rounds, University of Louisville Department of Neurosurgery

• “Discovery in Medical Malpractice Lawsuits”, Kentucky Statewide Trauma and Emergency Medicine Symposium

• Grand Rounds, University of Louisville Department of Psychiatry

• Grand Rounds, University of Louisville Department of Anesthesia

• "Advanced Topics in Law and Medicine", Topics in Clinical Medicine, University of Louisville School of Medicine

• "Crisis Charting", Stroke Symposium, University of Louisville Hospital

• "Avoiding and Surviving a Malpractice Claim", Trauma Institute, University of Louisville Hospital Trauma Center

• 2023-2026, 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

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 Academic Scholarship

• Army ROTC Scholarship

• Cadet Battalion Commander, Army ROTC

• Recipient, 1989 George C. Marshall Award (Awarded to the top Army ROTC cadet from each program in the nation based upon scholarship and leadership)

Woodford County High School, 1985

Professional Training

• Graduate, NITA Trial Advocacy Program

• Graduate, Certificate Program, Mediation Skills Training, Northwestern University School of Professional Studies

• Graduate, Lowry Group Claims Resolution Caucus (negotiation and mediation advocacy)

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 (Assigned to U.S. Army Armor School, Ft. Knox, KY)