Bob MacKenzie is a partner at Starnes Davis Florie, having joined the firm in 1984 after completing law school. Practice Bob's practice is devoted to handling a broad scope of litigation including medical and legal malpractice actions, bad faith, product liability, and commercial transactions. He has tried in excess of 100 civil cases including 100 to a jury verdict, involving the defense of physicians, hospitals, lawyers, insurers, commercial, and product manufacturers. Bob also represents lawyers and health care professionals in disciplinary matters before Alabama Regulatory Boards. He has published multiple articles on the defense of legal malpractice suits. His practice includes cases in Alabama and the Southeast. Highlights * After a six day legal malpractice case, plaintiff failed to recover any damages. * Obtained a defense verdict in favor of an anesthesiologist in a case arising out of a cervical epidural block which led to a spinal cord injury. * Obtained a defense verdict on behalf of an OB/GYN after a five day trial in a case arising out of pregnancy complications. * Obtained a defense verdict in favor of two pathologists in a case arising out of a false positive interpretation of breast tissue. * After nineteen days of trial, obtained judgment as a matter of law on behalf of an internist in a wrongful death case involving allegations of failure to diagnose a liver hematoma in an ICU patient. * Obtained summary judgment in legal malpractice action arising out of alleged negligent failure to properly construct a multi-million dollar bond issue. Decision was affirmed by written opinion issued by the Alabama Supreme Court. * Obtained a defense verdict on behalf of an Emergency Department physician in an eleven day wrongful death trial in the Circuit Court of Mobile County. * Summary judgment affirmed by the United States Eleventh Circuit of Appeals on behalf of an attorney charged with failing to adequately represent the client in an underlying criminal action. * Summary judgment affirmed by the Alabama Supreme Court arising out of an attorney's failure to properly investigate potential insurance coverage on behalf of a client in an underlying civil claim. Honors And Awards Bob is a Fellow of the American College of Trial Lawyers (ACTL). He has been inducted as a Diplomate of the American Board of Trial Advocates (ABOTA) and previously served on the National Board of Directors. Bob is a Fellow of the International Society of Barristers and the Litigation Counsel of America. He is a Life Fellow of the Alabama Law Foundation. He currently serves as a member of the Executive Committee of the Birmingham Bar Association. Bob regularly speaks on ethics and litigation issues including the defense of physicians and attorneys. Bob is an AV rated attorney by Martindale-Hubbell® Peer Review Ratings™, he has been listed in Best Lawyers in America®, 2008-2012, under the areas of medical and legal malpractice defense, and has been named one of the top attorneys in the state of Alabama by the 2010 - 2011 editions of Alabama Super Lawyers® magazine. (no representation is made as to selection criteria) Community Involvement Bob serves as a member of the Dean's Advisory Board for Cumberland School of Law. He previously served as Chairman for the Board from 2008-2010. He is the past chairman of the 2005-2006 Cumberland School of Law Alumni Fundraising Campaign and was selected as the school's "Volunteer of the Year" for 2006. Bob is also actively involved at the Cathedral Church of the Advent. Reported Cases Coilplus-Alabama, Inc. v. Johnnie F. Vann; Sirote & Permutt, P.C., No. 1080618 (April 16, 2010). Elaine Leiser v. Raymond R. Fletcher, M.D., P.C., 978 So.2d 700 (Ala. 2007). James E. Wade v. Dr. Franklin H. Long, 2007 WL 2459976 (August 31, 2007). Robert E. Tyler v. Mobile Infirmary Association, Alabama Supreme Court 1041484 (September 14, 2007). Denbo v. DeBray, 2006 WL 1793755, Ala., June 30, 2006. Ex parte Mendel, 942 So. 2d 289 (Ala. 2006). Rutledge v. Freeman, 914 So. 2d 364 (Ala. Civ. App. 2004). Mobile Infirmary Medical Center v. Hodgen, 884 So. 2d 801 (Ala. 2003). Elliott v. Van Kleef, 830 So. 2d 726 (Ala. 2002). Morrow v. Gibson, 827 So. 2d 756 (Ala. 2002). Taylor v. Stevenson, 820 So. 2d 810 (Ala. 2001). Ex parte Pfizer, Inc., 746 So. 2d 960 (Ala. 1999). Marsh v. Wenzel, 732 So. 2d 985 (Ala. 1998). Continental Cas. Co. v. Brooks, 698 So. 2d 763 (Ala. 1997). Downey v. Mobile Infirmary Medical Center, 682 So. 2d 442 (Ala. 1996). Downey v. Mobile Infirmary Medical Center, 662 So. 2d 1152 (Ala. 1995). Dews v. Mobile Infirmary Ass'n, 659 So. 2d 61 (Ala. 1995). Mobile Infirmary v. Delchamps, 642 So. 2d 954 (Ala. 1994). Henson v. Mobile Infirmary Ass'n, 646 So. 2d 954 (Ala. 1994). Rose v. Rogers, 632 So. 2d 559 (Ala. 1993). Jefferson Clinic, P.C. v. Roberson, 626 So. 2d 1243 (Ala. 1993). Williams v. M. Kimerling & Sons, Inc., 611 So. 2d 272 (Ala. 1992). Thursby v. Dabbs, 599 So. 2d 602 (Ala. 1992). Glover v. Family Medical Services, Inc., 578 So. 2d 1057 (Ala. 1991). Rose v. Decatur General Hosp., 571 So. 2d 997 (Ala. 1990). Horton v. Shelby Medical Center, 562 So. 2d 127 (Ala. 1989). Howard v. Powell, 522 So. 2d 280 (Ala. 1989). Holton v. Blue Cross and Blue Shield of South Carolina, 56 F. Supp.2d 1338 (Ala. 1999). Speeches And Publications * "Jury Misconduct What Happens Behind Closed Doors," Alabama Law Review, Vol. 62, No. 3, pages 623-643, 2011. * "Seeking a Recusal: Calling the Judge a Lizard Won't Help Your Cause," The Alabama Lawyer, Vol. 71, No. 3, pages 220-227, May 2010. * "Review of Placental Pathology and Fetal Inflammatory Response to Infection," 3 Litigation Commentary and Rev. 25 (Jan. 2010). * "Nine Ways to Avoid a Suit for Legal Malpractice," The Alabama Lawyer, July 2004. * "The Professional Liability of Attorneys in Alabama," The Cumberland Law Review, Vol. 30 No. 3, 1999-2000. Pending Publications * "Responding to a Bar Complaint." (accepted for publication in The Alabama Lawyer) * "Ethical Considerations and The Impact on Suits for Legal Malpractice." * "Welcome to the Trophy Generation - Exaggerating Your Expertise Can Lead to Trouble." * "Patient Complaints - When the Dental Board Calls." Related News 9/2/2011, Nine Starnes Attorneys Listed in 2011 Super Lawyers Business Edition 9/1/2011, Sixteen Starnes Attorneys Named to Best Lawyers 2012 5/3/2011, MacKenzie & Bromberg Publish Article in The Alabama Law Review 4/29/2011, Twenty Starnes Attorneys Listed in Alabama Super Lawyers 4/20/2011, MacKenzie Tries Legal Malpractice Case to Verdict 12/22/2010, Axon and MacKenzie Obtain Defense Verdict 12/16/2010, Garton, Wright & MacKenzie Obtain Defense Verdict in Med Mal Trial 10/15/2010, Sellers and MacKenzie Obtain Defense Verdict for Pathologists 10/6/2010, MacKenzie Inducted into The American College of Trial Lawyers 8/7/2010, Sixteen Starnes Attorneys Named to Best Lawyers 2011 6/28/2010, Starnes Attorneys Published Article in The Alabama Lawyer 5/1/2010, Ten Attorneys Named to Alabama Super Lawyers 2010 4/25/2010, MacKenzie & McCall Obtain Judgment as a Matter of Law on Behalf of Internist 4/25/2010, Case Affirmed on Appeal by The Alabama Supreme Court 8/5/2009, Fourteen S&A Attorneys Named to Best Lawyers 2010 11/20/2008, S&A Attorneys Obtain Defense Verdict After a Two Week Trial 9/22/2008, Twelve S&A Attorneys Named to Best Lawyers 2009 4/18/2008, MacKenzie and Bates Successfully Defend Wrongful Death Med Mal Trial. 11/8/2007, Defense Verdict for MacKenzie and McCall in Surgery Case. 9/6/2007, Ten S&A Lawyers Listed in Best Lawyers of America 2008. 1/11/2007, MacKenzie & Hines Receive Affirmance from Alabama Supreme Court. |