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 sixty 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 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 a member 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 The International Association of Defense Counsel 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 - 2012 and has been named by the 2009 - 2011 editions of Alabama Super 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. 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). 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. Related News 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 5/1/2010, Ten Attorneys Named to Alabama Super Lawyers 2010 9/24/2009, Miller and Axon Granted JMOL by Alabama Supreme Court 9/8/2009, Florie and Miller Obtained Defense Verdict for Cardiologist 8/5/2009, Fourteen S&A Attorneys Named to Best Lawyers 2010 7/10/2009, Florie and Miller Obtain Defense Verdict for General Surgeon 5/6/2009, Ten Starnes Attorneys Named to Alabama Super Lawyers 2/23/2009, Florie & Miller Obtain Defense Verdict in Seven Day Trial 9/22/2008, Twelve S&A Attorneys Named to Best Lawyers 2009 |