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Partner

Chad O Propst

Partner

Partner specializing in hospital/credentialing & physician defense, appellate practice, hospital document consultation and staff training, psychiatry defense, and telemedicine; also contract litigation (hospitals, practice groups, and small businesses) and personal injury litigation.

 

At TMS, Chad has served as counsel in several trials taken to jury verdict and has served as appellate counsel for some of the largest hospital providers in the country. His practice ranges from defending hospitals and physicians in complex litigation involving negligence, credentialing, and novel vicarious liability theories, to litigation involving complex non-competition agreements, as well as alleged violations of federal and state insurance and Medicare regulations. He has represented businesses in contract litigation and injunction proceedings. He has drafted contracts and other legal documents for clients and has consulted with clients on their publicly available documents and forms, as well as internal policy and procedure materials.

 

As the husband of a forensic psychiatrist, Chad has a unique insight in litigation dealing with psychiatric and correctional issues. He has represented hospitals and psychiatrists in medical negligence and duty-to-warn litigation and, since 2011, has taught psychiatry residents at the University of Louisville concerning medical negligence theories particularly applicable to that practice specialty.

 

Chad was recognized by Super Lawyers, a prominent national client and peer review organization, as one of Kentucky’s Rising Stars in 2016, 2017, and 2018. He has co-authored texts published by the Defense Research Institute and the American Bar Association.

 

Chad is a 2002 graduate of the University of North Carolina at Chapel Hill. He received his Juris Doctorate in 2010 from the University of Louisville's Brandeis School of Law, graduating magna cum laude and in the top 5% of his class (6th out of 120 students). At the University of Louisville, he served as Articles Editor of the Law Review; received nine Book Awards for top grades in his class (approximately 1/3 of all classes taken); and was a recipient of the Samuel L. Greenebaum Writing Award, the Kentucky Defense Counsel Award, and the Professional Responsibility Award. Chad spent the last year of law school externing with the Jefferson County Commonwealth Attorney’s office, with a limited license to practice law alongside an experienced prosecutor in felony criminal trial matters.

 

Prior to law school, Chad worked as an editor and speechwriter in the Research Triangle Park area of North Carolina, working with corporate executives as well as politicians.

 

·     Overview:

§  Assigned as trial and post-trial counsel in Kentucky litigation leading to the Kentucky Supreme Court declining to recognize an independent tort for negligent credentialing and advocating, as a "best practice,” bifurcation of ancillary, derivative claims against a hospital.

§  Assigned as post-trial counsel for national healthcare corporation in alleged hospital stent negligence matter that resulted in $20-million punitive damages jury verdict against client; in charge of briefing and arguing post-trial motions; trial court granted hospital’s post-trial motions, resulting in punitive damage award being reduced to $5-million on Fratzke and constitutional due process grounds and overruling plaintiff’s motion for $9-million in attorneys’ fees ($0 awarded) for jury verdict finding violation of the Kentucky Consumer Protection Act. Currently assigned to appeal.

§  Assigned as counsel for national healthcare corporation regarding claim against hospital’s captive self-insurer regarding claim for violation of Kentucky bad faith statutes; obtained summary judgment at the trial court level and affirmed 3-0 opinion at Kentucky Court of Appeals following oral argument.

§  Second-chaired retrial for personal-injury client in 2015 in Jefferson County exclusively on client’s punitive damages claim against national paratransit company; trial settled on tenth day (questioned multiple witnesses).

§  Second-chaired six-week trial for hospital-client in 2014 in Pulaski County involving alleged bariatric/hospital negligence; currently in charge of appeal.

§  Second-chaired trial for hospital-client in 2013 in Pulaski County involving patient’s broken hip after fall; defense verdict (questioned multiple witnesses).

§  Second-chaired trial in 2011 involving obstetrical negligence resulting in $2.587 million verdict for client, including punitive damages; largest medical negligence verdict in Warren County.

 

·   Representative Cases & Opinions:

§  Merritt v. Catholic Health Initiatives, Inc., No. 2016-CA-001470-MR, 2017 Ky. App. LEXIS 703 (Ky. App. Nov. 17, 2017) (affirmed the trial court’s grant of summary judgment to Catholic Health Initiatives and to First Initiatives Insurance, Ltd., holding that pure captive insurers are engaged in self-insurance and not traditional insurance and, therefore, Kentucky’s bad-faith insurance statute does not apply to same).

§  Lake Cumberland Reg. Hosp. v. Adams, 2017 Ky. LEXIS 444 (Ky. Nov. 2, 2017) (holding that standalone tort of negligent credentialing was not recognized in Kentucky; allowing a derivative claim concerning physician credentialing to be pursued under hospital negligence theory; but reasoning that "best practice” requires bifurcation of such a claim and possibly stay of discovery on such a claim until underlying claim proven). 

§  Carr v. Lake Cumberland Reg. Hosp., 2017 U.S. Dist. LEXIS 40074 (E.D. Ky. Mar. 21, 2017) (granting hospital-client’s FRCP 12(b)(6) motion, dismissing negligent misrepresentation claim).

§  Rodgers v. Mammoth Cave Nat’l Park, 2017 U.S. Dist. LEXIS 3152 (W.D. Ky. Jan. 10, 2017) (granting plaintiff-clients’ motion to amend complaint to add FTCA claims against U.S.).

§  Frankfort Reg’l Med. Ctr. v. Shepherd, 2016 Ky. Unpub. LEXIS 52 (Ky. June 16, 2016) (allowing for protection of work product notes of hospital-employed nurses if made to effectuate legal representation for my client; remanded for further proof).

§  Carr v. Lake Cumberland Reg. Hosp., 2016 U.S. Dist. LEXIS 28353 (E.D. Ky. Mar. 7, 2016) (overruling plaintiff’s motion to remand, in my client’s favor).

§  Spalding v. Spring View Hospital, 2016 Ky. App. Unpub. LEXIS 742 (Ky. App. Mar. 11, 2016) (non-final opinion reversing trial court ruling and recognizing "negligent credentialing” as a cause of action but affirming dismissal of my client on expert proof grounds).

§  MV Transp. Inc. v. Allgeier, 433 S.W.3d 324 (Ky. 2014) (affirming).

§  Robertson v. Burdette, 397 S.W.3d 886 (Ky. 2013) (affirming disqualification of attorney/law firm in litigation against my hospital client).

·   Publications:

§  Dethroning Gould v. O’Bannon, 48 U. Louisville L. Rev. (2009).

·       See also Slingluff v. State, 317 P.3d 683 (HI 2013) (citing "Dethroning Gould”).

§  Legal Malpractice: State By State (Kentucky co-author) (ABA Lit. Section, 2012 ed.).

§  Product Liability Compendium (Kentucky co-author) (DRI 2014 ed. & upcoming 2017 ed.). 

·   Presentations:

§  Spring Lecture Series - 2011-2017 – University of Louisville School of Medicine, Department of Psychiatry Residents, Introduction to Forensic Psychiatry & Law (teaching intro to medical malpractice, duty to warn/Tarasoff issues, hospital and physician negligence theories).

CONTACT INFORMATION:

cpropst@tmslawplc.com

EDUCATION:

University of North Carolina (2002)
University of Louisville Louis D. Brandeis School of Law (2010), magna cum laude

Licensed in Kentucky

PRACTICE AREAS:

Medical Malpractice Defense, Appellate Practice, Product Liability, Tort Litigation, Commercial Litigation

STAFF CONTACT:

Amy Gilmet
502-357-1901
agilmet@tmslawplc.com

CV:

https://www.linkedin.com/in/chad-propst-716a1155/