Joseph S. Miller | Starnes Law

Joe is a Partner and has been at Starnes Davis Florie LLP since 1992. Joe has served as a member of the firm’s Executive Committee. His practice is devoted to defending physicians, nurses and other healthcare providers in medical malpractice cases. Joe has participated in trying 90 cases to juries throughout the State of Alabama. He regularly speaks at legal and medical seminars regarding medical malpractice litigation.

Professional Recognition

Fellow of the American College of Trial Lawyers (ACTL)
Member of The American College of Trial Lawyers (ACTL) Judicial Independence Committee for 2023 – 2024
Member of the American Board of Trial Advocates (ABOTA). Past President, Vice-President and Treasurer of ABOTA's Alabama Chapter.
Top Leading Litigator by Chambers USA.
Super Lawyer in Alabama by Mid-South Super Lawyers® magazine.
Listed in Best Lawyers in America®. In addition, Best Lawyers in America® has named Joe Miller “Birmingham Best Lawyers Medical Malpractice Defense Lawyer of the Year” for 2021
Listed as a Local Litigation Star for the State of Alabama in Benchmark Litigation

Community Involvement

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

Highlights

Obtained a defense verdict for a cardiologist after a five-day trial in a wrongful death medical malpractice case alleging the physician negligently failed to place a stent in a completely occluded coronary artery during a catheterization procedure.
Obtained a defense verdict in a case alleging an obstetrician mismanaged a labor and delivery by administering too much medication to augment labor in a trial of labor after cesarean section, resulting in uterine rupture and death of the child.
Obtained a defense verdict in a 6-day trial, for an electrophysiologist in a case alleging negligent recommendation of an ablation procedure, and negligent failure to obtain informed consent, regarding a patient with atrial fibrillation.
Obtained a defense verdict for a pediatric anesthesiologist in a two-week trial alleging negligent intubation and airway management in the MRI suite, resulting in the death of a 29-day-old infant.
Obtained a defense verdict for a defendant emergency physician in a case alleging negligent failure to diagnose aortic dissection, resulting in the death of a 47 year old patient the day after being treated and released from the emergency department.
Obtained a defense verdict for a psychiatrist in an 8-day trial, in a case alleging medical malpractice and wrongful death.
Obtained a jury verdict for a general surgeon accused of negligently performing a gallbladder removal surgery, causing a bile duct injury.

Obtained a jury verdict in favor of two surgeons accused of negligently delaying surgery to repair a gunshot wound to the abdomen.
Obtained a defense verdict for an obstetrician in a case claiming negligence in failing to remove a sponge from the patient’s body after vaginal delivery, resulting in alleged permanent pelvic floor injury.
Obtained a defense verdict for a family practice physician in Madison County in a case alleging wrongful death after prescribing antibiotics for community acquired pneumonia.
Obtained a defense verdict for a defendant gynecologist after a 5 day trial in a case alleging negligent failure to diagnose breast cancer, resulting in mastectomy and chemotherapy.
Obtained a defense verdict for an emergency physician after a 7 day trial in Federal Court in Memphis, Tennessee in a case alleging negligent failure to diagnose and treatment acute coronary syndrome, resulting in myocardial infarction and permanent heart damage in a 36 year old patient.
Obtained a defense verdict for an emergency physician in an 8 day trial of 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 5 day trial of a case involving alleging negligent failure to diagnose an aortic dissection, resulting in death of a 29 year old patient.
Obtained a defense verdict for a pediatrician in an 8 day trial of a case alleging negligent failure to diagnose subarachnoid hemorrhage in a 15 year old girl, resulting in brain surgery and brain injury.
Obtained a defense verdict for a defendant gynecologist in a 9 day trial of a case involving alleged negligent administration of anticoagulant medications and negligent failure to consult a hematologist, resulting in death of a hospitalized post-operative patient.
Obtained a defense verdict for a dentist in a 5 day trial of a case alleging improper application of short-term orthodontic appliances, resulting in jaw surgery.
Obtained a defense verdict for two obstetricians in an 8 day trial of a case alleging negligent failure to timely diagnose pre-eclampsia, resulting in the complication of Purtscher’s-Like Retinopathy and maternal blindness following cesarean section.

Presentations and Publications

Professionalism, American College of Trial Lawyers Panel, University of Alabama School of Law, May 18, 2022.
Professionalism, American College of Trial Lawyers Panel, Cumberland School of Law, October 15, 2021.
Defending Fetal Death Cases: CLE Presentation at medical malpractice conference for Alabama attorneys.
Medical Expert Witnesses – Why Do We Have Them and What Do They Go Through? CLE Presentation regarding legal challenges facing healthcare providers, Cumberland School of Law.
Depositions in a Medical Negligence Case From a Defendant’s Point of View. CLE Presentation. The Art of Taking and Defending Depositions, Birmingham, Alabama.
Strategies for Working with Evidence at Trial. CLE Presentation.

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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

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Joseph S. Miller (Joe)