Scott M. Salter

Contact Scott

205-868-6007 - Direct
205-868-6099 - Fax
Email Scott ssalter@starneslaw.com

100 Brookwood Place
7th Floor
P.O. Box 598512
Birmingham, AL 35259

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Scott M. Salter
Partner

Practice

Scott's practice is devoted to civil litigation including medical malpractice defense, professional hospital liability, healthcare litigation, representation of insurers and corporations in insurance coverage disputes, breach of contract and bad faith actions, and commercial litigation, including identity theft litigation. He has tried in excess of 40 complex civil cases, including the defense of doctors, hospitals, and corporations.  Scott is also a frequent speaker to physician groups, hospitals and other health care providers.

Highlights

* Obtained a defense verdict on behalf of an urologist in a case alleging negligence in the performance of an adult circumcision.

* Obtained a judgment from the Supreme Court of Alabama affirming a summary judgment in an action involving claims of negligence against an obstetrician based on a shoulder dystocia that occurred at birth resulting in a permanent brachial plexus injury.  The action alleged the obstetrician should have performed a cesarean section instead of a vaginal delivery because the mother had encountered a shoulder dystocia with a previous birth.  Summary judgment was granted on the grounds that the plaintiff's expert failed to establish a breach of the standard of care against the defendant obstetrician and that alternative claims against the defendant physician's partner, who was not originally named in the action, were barred by the statute of limitations.

* Obtained a defense verdict for an obstetrician and his practice in a case alleging malpractice related to gynecological surgery in Chambers County.

* Obtained a defense verdict on behalf of an obstetrician in a fetal death case involving complications associated with Parovirus B19.

* Obtained a defense verdict for an anesthesiologist in a wrongful death case alleging improper use of running the CODE resulting in the patient's death.

* Successfully defended a psychiatrist in a wrongful death case before a Federal Court jury involving allegations of informed consent and failure to consult a specialist related to electroconvulsive therapy.

* Obtained summary judgment and affirmance in favor of excess insurance company in multi-million dollar breach of contract and bad faith action.

* Obtained an opinion from the Supreme Court of Alabama in favor of a construction company client in which the Supreme Court affirmed the denial of a motion to intervene filed by the construction company's insurer against the construction company.

* Obtained summary judgment for Travelers in an insurance coverage dispute in Macon County, Alabama.

* Obtained summary judgment in an action brought on behalf of deceased fetus and mother alleging failure to properly monitor fetus after mother was diagnosed with Parvovirus, allegedly resulting in death of the fetus.

* Obtained summary judgment in infant wrongful death action and affirmance with opinion from the Alabama Supreme Court based on the statute of limitations and the argument that the action was not commenced within the applicable statute when the complaint was filed within the statute but service was not effectuated on the defendants for over four months.

* Successfully defended an emergency physician in a wrongful death trial alleging failure to diagnosis a basilar artery stroke in the emergency department, and inappropriate discharge from the emergency department.

* Successfully defended two internal medicine specialists in a wrongful death case alleging inappropriate management of a patient's anticoagulation therapy subsequent to his diagnosis with deep vein thrombosis.

* Obtained judgment as a matter of law in a wrongful death action on issue of lack of proximate cause after precluding plaintiff's expert witness.

* Obtained a jury verdict in favor of a hospital in a wrongful death case involving complications arising from conscious sedation during a shoulder reduction procedure.

* Obtained summary judgment for St. Paul Travelers in insurance allocation dispute brought by Canal Insurance to recover $1,000,000 paid by Canal in settlement of case.

* Successfully tried wrongful death medical malpractice action to a defense verdict in Barbour County, Alabama.

* Obtained directed verdict after precluding plaintiff's expert based on lack of qualifications in a brain damage case.

* Obtained summary judgment for hospital in professional liability action on ground that plaintiff failed to present evidence that alleged negligence proximately caused plaintiff's injuries.

* Obtained summary judgment for physician in case alleging improper off-label use of medication.

Honors And Awards

Scott was selected by his peers for inclusion in Best Lawyers in America®, 2010 - 2017 and has been named by the 2012 - 2016 editions of Mid-South Super Lawyers® magazine as one of the top attorneys in the state of Alabama. Scott is also a member of the following honors organizations and societies:

Associate of the American Board of Trial Advocates
Diplomate and National Board Representative
Federation of Defense & Corporate Counsel (FDCC) - Chairman of Healthcare Practice Section and Alabama State Representative
Phi Beta Kappa
Omicron Delta Kappa
Mortar Board
Phi Kappa Phi
Jasons Honorary
John A. Campbell Moot Court Board
Finalist, Campbell Moot Court Competition
John C. Eyster and Charles H. Eyster Memorial Scholarship

Community Involvement

Scott has spent his free time coaching Youth League Basketball. He is also a member of the following professional organizations:

Defense Research Institute - Medical Liability Committee (Steering Committee) and Trial Tactics Committee

Alabama Defense Lawyers Association

Birmingham Bar Association

Speeches And Publications

* Navigating Administrative and Judicial Proceedings/Discovery, Cumberland School of Law - Legal Challenges Facing Healthcare Providers seminar, Birmingham, AL, September 9, 2016.

Litigating Professional Disciplinary Matters Before State Administrative Enforcement Agencies, Alabama State Bar White Collar Crime Committee, Birmingham, AL, September 8, 2016.

* Tort Law Update: Recent Alabama Supreme Court Cases, sponsored by M. Lee Smith Publishers, Birmingham, AL, September 2015.

* Public Disruptions in the Healthcare Industry, FDCC Annual Meeting, Banff, Alberta, CA, 2015.

* Preserving Error for Appeal - Winning at the Trial Court, FDCC Annual Meeting, Banff, Alberta, CA, 2015.

* Scott M. Salter and Reed R. Bates, “Are You As Guilty as the Criminal?  Liability for Criminal Acts of Third Parties and Employees," FDCC (Federation of Defense and Corporate Counsel) Quarterly Defense Counsel Journal, Vol. 64, NO. 2, Winter 2015.

* Tort Law Update: Recent Alabama Supreme Court Cases, sponsored by M. Lee Smith Publishers, Birmingham, AL, September 2014.

* How To Avoid Common Ethical Pitfalls, National Business Institute Seminar, Birmingham, AL, September 2014.

* The Insurer's Defense of the Insured and Ethical Traps for Attorneys, National Business Institute Seminar, Birmingham, AL, December 2013.

* Keeping the Jury Pure: Jury Instructions, Jurors and Social Media, Barristers Educational Services Seminar, December 2013.

* "The Aftermath of Mass Violence: Legal and Psychiatric Implications," Federation of Defense and Corporate Counsel (FDCC) 2013 Annual Meeting & Printed in the FDCC Quarterly (Spring 2013).

* Dental Malpractice Update, 2013 Alabama Dental Association 5th District Dental Meeting May 10, 2013.

* Litigating Insurance Coverage Claims, National Business Institute, December 2012.

* Ethical Considerations in Insurance Coverage Claims, National Business Institute, December 2012.

* Avoiding Common Ethical Pitfalls, National Business Institute, December 2012.

* Dental Malpractice Update, Alabama Dental Society Annual Meeting, June 2012.

* The Rights of the Insured When the Insurer Reserves its Rights, Insurance Coverage and Litigation - Barristers Educational Services, December 2011

* Ethical Considerations in Insurance Coverage Claims - National Business Institute, December 2011

* Insurance Coverage Contract Language 101 - National Business Institute, December 2011

* Ethical Traps to Avoid - National Business Institute, December 2011

* Tips and Tricks for Successful Settlement Negotiations - National Business Institute, December 2011

* Legal Ethics in Settlement Negotiations - National Webinar for NBI and simulcast by West LegalEdCenter, April 2011

* Tips and Techniques to Avoid Dental Malpractice in 2011 - National Webinar for Execsense

* Documentation to Avoid Lawsuits - Montgomery County Medical Society, January 2011

* Settling Claims and Dealing with Medicare - The Alabama Society of Healthcare Risk Managers, April 1, 2011

* Litigating in The Age of HIPPA – DRI National Meeting, Presentation to Medical Liability Committee, October 2010

* Ethical Traps to Avoid – National Business Institute, September 2010

* Tips and Tricks for Successful Settlement Negotiations – National Business Institute, September 2010

* A Review of Alabama Bad Faith Law – 2010 (written materials for Lorman Education)

* Alabama Insurance Law Update – Barrister Educational Services, December 2009

* Attacking Opposing Expert Testimony – National Business Institute, October 2009

* Beef Up Discovery With The Latest Tools and Tactics - National Business Institute, June 2008

* Giving Ethics Proper Consideration - National Business Institute, June 2008

* Powerful Medical Evidence Presentation at Trial - National Business Institute, September 2007

* Trial Tips to Avoid Trouble – Alabama Bar Institute for CLE, November 2002

* Tort Law Update – Alabama Bar Institute for CLE, October 2000

Reported Cases

Witherspoon v. Edwards, 2010 WL 3724755 (Ala.).

Canal Ins. Co. v. St. Paul, 2006 WL 752979 (S.D. Ala. 2006).

Bassie v. Aldridge, 828 So. 2d 280 (Ala. 2002).

Ex parte Vaughan Regional Medical Center/Qureshi, 768 So. 2d 374 (Ala. 2000).

Johnson v. Price, 743 So.2d 436 (Ala. 1999).

Bennett v. Brewer, 682 So. 2d 448 (Ala. 1996).

Ex parte Main, 658 So. 2d 384 (Ala. 1995).

Patterson v. Hays, 623 So. 2d 1143 (Ala. 1993).

Thomas v. Baptist Medical Center – Dekalb, 614 So. 2d 997 (Ala. 1993).

 

Related News

6/21/2017 Starnes Attorneys Scott Salter & Billy Bates Win Trial in Professional Liability Case

1/5/2017 SDF Attorneys Billy Bates & Scott Salter Obtain Favorable Judgment from the Supreme Court of Alabama

11/9/2016 Twenty-Six SDF Attorneys Named to the 2016 Edition of Mid-South Super Lawyers

8/15/2016 Twenty Starnes Davis Florie Attorneys Named to the 2017 Edition of Best Lawyers®

6/22/2016 Global Law Experts Names Starnes Davis Florie LLP Professional Medical Liability Law Firm of the Year in Alabama 2016

9/9/2015 Chambers County Jury Returns Defense Verdict in Case Defended by Salter and Bates

8/20/2015 Twenty Starnes Davis Florie Attorneys Named to the 2016 Edition of Best Lawyers®

8/10/2015 Scott Salter Speaks at Annual FDCC Meeting in Canada

5/13/2015 Scott Salter and Billy Bates Obtain Defense Verdict for Anesthesiologist in a Medical Malpractice Trial

5/1/2015 Twenty-Six SDF Attorneys Named to 2015 Alabama Super Lawyers

2/12/2015 Starnes Davis Florie Attorneys Publish Article in the FDCC Quarterly Defense Counsel Journal

8/20/2014 Seventeen Starnes Davis Florie Attorneys Named to the 2015 Edition of Best Lawyers®

4/29/2014 Thirty SDF Attorneys Named to Alabama Super Lawyers 2014

12/31/2013 Starnes Davis Florie Attorney Scott Salter Speaks at NBI Seminar

12/31/2013 Starnes Davis Florie Attorney Scott Salter Speaks on Jury Instructions, Jurors & Social Media

12/13/2013 Starnes Davis Florie Attorneys Salter & Bates Obtain Defense Verdict in Federal Court

8/30/2013 Sixteen Starnes Davis Florie Attorneys Named to the 2014 Edition of Best Lawyers®

5/2/2013 Twenty-Six Starnes Davis Florie Attorneys Listed in Alabama Super Lawyers 2013

9/19/2012 Seventeen Starnes Davis Florie Attorneys Named to the 2013 Edition of Best Lawyers®

5/1/2012 Twenty-Two Starnes Attorneys Listed in Alabama Super Lawyers

12/7/2011 Scott Salter is Key Speaker at CLEs on the Topic of Insurance Coverage

11/15/2011 Piggott & Salter Obtain Favorable Opinion From The Supreme Court of Alabama

9/1/2011 Sixteen Starnes Attorneys Named to Best Lawyers 2012

12/15/2010 Scott Salter Speaks at DRI Annual Meeting

9/30/2010 Salter and Garton Prevail Before Alabama Supreme Court in Wrongful Death Action

8/7/2010 Sixteen Starnes Attorneys Named to Best Lawyers 2011

Practices

Biotechnology & Pharmaceutical
Business Litigation
Complex Insurance Litigation
General Civil Litigation
Medical Malpractice Defense
Professional Licensing Defense

Education

J.D., University of Alabama School of Law (1992)
B.A., University of Alabama, with honors (1989)

Bar Admissions

Alabama

Courts

U.S. District Courts for the Northern, Middle and Southern Districts of Alabama