Scott M. Salter

Scott M. Salter: Attorney with Starnes Davis Florie LLP


Scott has been practicing at Starnes for 25 years. His practice is devoted to civil litigation including medical malpractice defense, healthcare litigation, and pharmaceutical/medical device litigation. Scott also has an active insurance litigation practice having represented insurers and policyholders in insurance coverage disputes, breach of contract and bad faith actions. Scott also handles commercial litigation, including identity theft litigation. He has tried approximately 50 complex civil cases, including the defense of doctors, hospitals, and corporations.

Professional Recognition

•Best Lawyers in America , 2010 - 2018
• Lawyer of the Year for Birmingham, Alabama, Litigation-Insurance in the 2018 edition of Best Lawyers in America
•Alabama Super Lawyer by Mid-South Super Lawyers 2012-2017
•Diplomate of the American Board of Trial Advocates - Past National Board Representative
•Federation of Defense & Corporate Counsel (FDCC) - Alabama State Representative, Trial Masters Program, and Past Chairman of Healthcare Practice Section


•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 summary judgment and affirmance in favor of excess insurance company in multi-million dollar breach of contract and bad faith action.
•Obtained a favorable opinion from the Supreme Court of Alabama in favor of a construction company client involving an insurance coverage dispute.
•Obtained summary judgment for Travelers in an insurance coverage dispute in Macon County, Alabama.
•Obtained a defense verdict on behalf of an obstetrician in a fetal death case involving complications associated with Parovirus B19.
•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 action to a defense verdict in Barbour County, Alabama.
•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 a defense verdict for an obstetrician and his practice in a case alleging malpractice related to gynecological surgery in Chambers County.
•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 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.

Presentations and Publications

DRI Trial Tactics Seminar, Mock Trial Critical Analysis, Las Vegas, March 2017
Litigating Professional Liability Matters Before State Administrative Enforcement Agencies, Alabama State Bar White Collar Crime Committee, 2016
•ABA Medicolegal Guides: Head Trauma and Brain Injury for Lawyers, Traumatic Brain Injury, Neuropsychological Testing: A Defense Perspective, Chpt. 22, pp. 529-543 (2016)
DRI Medical Liability and Healthcare Seminar, “Is It Personal to You, It Should Be,” New Orleans, LA March 2016
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.

News & Insights

•Twenty-Eight SDF Attorneys Named to the 2017 Edition of Mid-South Super Lawyers
•Butler, Salter & Wright Named Best Lawyers “2018 Lawyer of the Year”
•Twenty-Six SDF Lawyers Listed in the 2018 Edition of Best Lawyers in America
•Starnes Attorneys Scott Salter & Billy Bates Win Trial in Professional Liability Case
•SDF Attorneys Billy Bates & Scott Salter Obtain Favorable Judgment from the Supreme Court of Alabama
•Twenty-Six SDF Attorneys Named to the 2016 Edition of Mid-South Super Lawyers
•Twenty Starnes Davis Florie Attorneys Named to the 2017 Edition of Best Lawyers
•Chambers County Jury Returns Defense Verdict in Case Defended by Salter and Bates
•Salter and Sellers Win Emotionally Charged Fetal Death Case
•Twenty Starnes Davis Florie Attorneys Named to the 2016 Edition of Best Lawyers
•Scott Salter Speaks at Annual FDCC Meeting in Canada
•Twenty-Six SDF Attorneys Named to 2015 Alabama Super Lawyers
•Starnes Davis Florie Attorneys Publish Article in the FDCC Quarterly Defense Counsel Journal
•Seventeen Starnes Davis Florie Attorneys Named to the 2015 Edition of Best Lawyers
•Thirty SDF Attorneys Named to Alabama Super Lawyers 2014
•Starnes Davis Florie Attorney Scott Salter Speaks at NBI Seminar
•Starnes Davis Florie Attorney Scott Salter Speaks on Jury Instructions, Jurors & Social Media
•Starnes Davis Florie Attorneys Salter & Bates Obtain Defense Verdict in Federal Court
•Sixteen Starnes Davis Florie Attorneys Named to the 2014 Edition of Best Lawyers
•Twenty-Six Starnes Davis Florie Attorneys Listed in Alabama Super Lawyers 2013

Areas of Practice (9)

  • Antitrust
  • Bad Faith / Insurance Disputes
  • Commercial Disputes
  • Healthcare
  • Medical Credentialing and Licensure
  • Medical Malpractice
  • Pharmaceuticals
  • Professional Engineer, Land Surveyor, and Architect Disciplinary Actions
  • Wrongful Death / Catastrophic Injury

Education & Credentials

Contact Information:
205-868-6007  Phone
205-868-6099  Fax
Mailing Address:
P.O. Box 598512, Birmingham, AL 35209
University Attended:
University of Alabama, B.A., with honors, 1989
Law School Attended:
University of Alabama School of Law, J.D., 1992
Year of First admission:
1992, Alabama; U.S. District Courts for the Northern, Middle and Southern Districts of Alabama

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

Birth Information:
Birmingham, Alabama, March 14, 1967
Reported Cases:
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).

Peer Reviews

  • 5.0/5.0 (1 review)
  • A Martindale-Hubbell Peer Rating reflects a combination of achieving a Very High General Ethical Standards rating and a Legal Ability numerical rating.
  • Legal Knowledge

  • Analytical Capability

  • Judgment

  • Communication

  • Legal Experience


*Peer Reviews provided before April 15, 2008 are not displayed.

Client Reviews

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