Joseph S. Miller

Contact Joe

205-868-6049 - Direct
205-868-6099 - Fax
Email Joe jmiller@starneslaw.com

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

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Joseph S. Miller
Partner

Joe Miller is a partner and has been at Starnes Davis Florie since 1992.

Practice

Joe’s practice is devoted to civil litigation, and he has worked on a broad variety of litigation matters. He focuses on defending physicians, nurses and other healthcare providers in medical malpractice cases. Joe also has experience in defending healthcare providers in cases brought pursuant to the False Claims Act. He has participated in trying over 70 cases and has argued before the Eleventh Circuit Court of Appeals in a False Claims Act case. Joe regularly tries cases before juries throughout the State of Alabama.

Highlights

* Obtained a defense verdict for an emergency physician in Federal Court in Memphis, Tennessee in a case alleging negligent failure to diagnose and treat acute coronary syndrome, resulting in myocardial infarction and permanent heart damage in a 36 year old patient.

* Obtained a defense verdict for a general surgeon in a case of alleged assault in the throwing of an anti-reflux valve at a nurse.

* Obtained a defense verdict for an emergency physician in a case alleging negligent failure to diagnose septic arthritis, resulting in below the knee amputation.

* Obtained a defense verdict for an emergency physician in a case alleging negligent failure to diagnose an aortic dissection, resulting in death.

* Obtained a defense verdict for a pediatrician in an eight day trial in Dallas County in a case involving alleged negligent failure to diagnose subarachnoid hemorrhage in a fifteen year old girl, resulting in brain surgery and brain injury.

* Obtained a defense verdict on behalf of a defendant gynecologist in a nine day trial in case involving allegations of negligent administration of anticoagulant medications and negligent failure to consult a hematologist, resulting in death of a hospitalized postoperative patient.

* Obtained a defense verdict for a dentist in a case alleging improper application of short term orthodontic appliances, resulting in jaw surgery.

* Obtained affirmance from the Alabama Supreme Court of a summary judgment in a case against a family practice physician alleging negligent prescribing of pain medication, resulting in death.

* Obtained affirmance from the Alabama Supreme Court of a summary judgment in a case against a general surgeon alleging negligent failure to remove appendix during appendectomy.

* Obtained a defense verdict for two Obstetricians in a case alleging failure to timely diagnose preeclampsia, resulting in the complication of  Purtscher's-Like Retinopathy and maternal blindness following cesarean section.

* Obtained from the Alabama Supreme Court affirmance of Judgment as a Matter of Law at trial in behalf of a defendant obstetrician in a case alleging wrongful deaths of a mother and term fetus.

* Obtained Judgment as a Matter of Law at trial in behalf of a defendant obstetrician in a case alleging wrongful deaths of a mother and term fetus.

* Obtained a defense verdict for a defendant anesthesiologist in a case alleging negligent extubation after surgery, resulting in the death of a 42 year old patient.

* Obtained a defense verdict for a defendant family practice physician in a case alleging wrongful death of a twelve year old girl who presented to the emergency department and died approximately twelve hours later.

* Obtained a defense verdict for a pulmonary and critical care physician in a case alleging negligent evaluation and treatment of acute respiratory failure and hyperkalemia, resulting in death of the patient after transfer from another hospital.

* Obtained Judgment as a Matter of Law at trial for a defendant family practice physician in a case alleging improper administration of Coumadin, resulting in a subdural hematoma and emergency surgery to evacuate the bleed.

* Obtained a defense verdict for a family practice physician in a case alleging wrongful death of a patient due to over prescription of pain medication, resulting in death due to mixed drug intoxication.

* Obtained a defense verdict for a pediatric anesthesiologist in a wrongful death case alleging negligent failure to recognize and treat malignant hyperthermia in a fourteen year old patient.

* Obtained unanimous opinion from Alabama Supreme Court affirming trial court's judgment as a matter of law at trial in favor of a defendant surgeon in retained foreign body case.

* Obtained defense verdict for a cardiologist in a case alleging negligent failure to diagnose coronary artery disease, resulting in death of a forty-three year old anesthesiologist.

* Obtained defense verdict for general surgeon in a case alleging negligent delay in operating on a patient with a perforated stomach, resulting in death.

* Obtained defense verdict for an internal medicine physician in a case alleging improper discontinuation of a diuretic medication, resulting in acute pulmonary edema, brain damage and death of a 50 year old woman.

* Obtained defense verdict for obstetrician in a case alleging negligent failure to properly interpret fetal heart monitor strips and perform emergency cesarean section, resulting in permanent brain damage.

* Obtained defense verdict for emergency physician in a case involving the death of a 38 year old patient who died of a perforated duodenal ulcer 18 hours after being discharged from the emergency department.

* Obtained affirmance from the Eleventh Circuit Court of Appeals in dismissal of a False Claims Act case brought against two physicians.

* Obtained judgment as a matter of law for surgeon in a retained foreign body case.

* Obtained defense verdict for orthopedic surgeon in a case involving a popliteal artery injury during total knee replacement.

* Obtained defense verdict for general surgeon in a case involving injury to the vena cava, and subsequent death, in a laparoscopic surgical procedure.

* Obtained defense verdict for internal medicine physician who served as the Medical Director of a methadone clinic in a case involving alleged negligence in prescribing medication.

 

Honors And Awards

Joe is an Associate of The American Board of Trial Advocates (ABOTA), where he serves on the Executive Committee as the current Treasurer, Past President and Past Vice President for the Alabama Chapter of ABOTA, and also serves on the Board of Directors of SEABOTA.  Joe is also a member of the Professional Liability Defense Federation and he is a frequent speaker on defending healthcare providers in medical malpractice litigation.

Joe was also selected by his peers for inclusion in Best Lawyers in America®, 2009 - 2017 and has been named by the 2009 - 2016 editions of Mid-South Lawyers® magazine as one of the top attorneys in the state of Alabama.

Community Involvement

Joe is a member of Canterbury United Methodist Church, and supports various local charities. Joe and his wife, Elizabeth, have two sons.

Speeches And Publications

Joe spoke to the International Association of Defense Counsel at its 2007 Mid-Year Meeting in Pebble Beach, California, on defending physicians in claims brought pursuant to The False Claims Act. He is a frequent speaker on defending physicians and other healthcare providers in medical malpractice litigation.

Reported Cases

United States ex rel. Atkins v. McInteer, 470 F. 3d 1350 (11th Cir. 2006).

United States ex rel. Atkins v. McInteer, 345 F. Supp. 2d 1302 (N.D. Ala. 2004).

Sawyer v. Tobiassen, 904 So. 2d 258 (Ala. 2004).

Osborn v. Champion Int. Corp., 892 So. 2d 882 (Ala. 2004).

Wells v. Storey, 792 So. 2d 1034 (Ala. 1999).

Pope v. Elder, 671 So. 2d 730 (Ala. Civ. App. 1995).

McAfee v. Baptist Medical Center, 641 So. 2d 265 (Ala. 1994).

Related News

3/8/2017 SDF Attorney Joe Miller Obtains Defense Verdict in Federal Court in Memphis, Tennessee

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

5/11/2016 Joe Miller Obtains Defense Verdict for General Surgeon

5/3/2016 Joe Miller and Will Axon Obtain Defense Verdict in an Eight Day Trial Huntsville, Alabama

2/2/2016 Starnes Attorneys Florie & Miller Obtain Defense Verdict in a Medical Malpractice Wrongful Death Trial

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

6/20/2015 Miller, Axon, and Starnes Obtain Defense Verdict for Pediatrician in an Eight Day Trial

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

11/18/2014 Starnes Davis Florie Attorneys Miller & White Obtain Defense Verdict in a Nine-Day Med Mal Trial

10/28/2014 Starnes Davis Florie Attorneys Miller & Starnes Obtain Defense Verdict for Dentist

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

3/6/2014 Starnes Attorneys Florie and Miller Obtain Dismissal in Medical Malpractice Trial

11/18/2013 Starnes Davis Florie Attorneys Florie & Miller Obtain Defense Verdict for Obstetricians

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

4/23/2012 Starnes Attorneys Obtain Judgment as a Matter of Law

11/24/2011 Florie & Miller Win Trial for Anesthesiologist

10/26/2011 Florie & Miller Obtained Defense Verdict for Family Practice Physician

9/8/2011 Florie & Miller Obtained Defense Verdict for Pulmonary & Critical Care Physician

9/2/2011 Nine Starnes Attorneys Listed in 2011 Super Lawyers Business Edition

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

4/29/2011 Twenty Starnes Attorneys Listed in Alabama Super Lawyers

10/15/2010 Miller Elected President of ABOTA's Alabama Chapter

9/25/2010 Florie and Miller Obtained Judgment as a Matter of Law

8/19/2010 Florie and Miller Obtain Defense Verdict for Family Practice Physician

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

7/10/2010 Florie and Miller Obtain Defense Verdict in Wrongful Death Case

Practices

Business Litigation
False Claims Act / Qui Tam Litigation
Medical Malpractice Defense

Education

J.D., University of Alabama School of Law (1992)
B.A., University of Alabama (1986)

Bar Admissions

Alabama

Courts

U.S. Court of Appeals, Eleventh Circuit
U.S. District Court, Middle District of Alabama
U.S. District Court, Northern District of Alabama
U.S. District Court, Southern District of Alabama