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Michael J. Smith
engages in civil litigation with an emphasis on
representing health care professionals. He has
successfully defended health care providers at trial and
in disciplinary actions. He has represented health
care providers in professional negligence suits,
licensure and disciplinary proceedings, credentialing
matters, and business disputes. Mr. Smith's
practice also involves counseling health care providers
in the areas of risk management, medical record issues,
and the development of practice management guidelines
and procedures. Mr. Smith has also represented
clients in claims based on premises liability, products
liability, motor vehicle liability, breach of contract,
construction disputes, securities
arbitration/litigation, accounting malpractice, and insurance coverage disputes.
Primary Practice Areas
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Medical Malpractice Defense Law
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Civil Litigation
Martindale-Hubbell
Rating
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AV (highest rating obtainable)
Bar Admissions
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United States Court of Appeals, Eighth
Circuit, 2005
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United
States District Court, Eastern District of Missouri,
2001
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United
States District Court, Western District of Missouri,
1994
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United States District Court, District of
Kansas, 1996
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Supreme Court of Missouri, 1994
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Supreme Court of Kansas, 1996
Education and Academic Honors
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J.D.,
University of Missouri-Columbia, 1994
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B.S.B.A.,
magna cum laude, Finance and Banking, Economics, University of
Missouri-Columbia,
1991
Representative
Reported Cases
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Stern v. Internal Medicine Consultants,
452 F.3d 1015 (8th Cir. 2006)
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Urologic Surgeons v. Bullock, 117 S.W.3d
722 (Mo. App. E.D. 2003)
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Mueller v. Bauer, 54 S.W.3d 652 (Mo. App. E.D. 2001)
Representative
Clients
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TIG Specialty Insurance
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Hudson Specialty Insurance
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Intermed Insurance Company
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Barnes-Jewish Hospital
Selected Lectures and Publications
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"The Defense of Medical Malpractice Cases
After Tort Reform," presented at the Missouri Bar
Association's Annual Medical Malpractice Continuing
Legal Education Seminar, 2007
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"Double Indemnity?," presented at
the Healthcare Services Group Annual Defense Counsel
Seminar, 2006
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"Missouri Tort Reform," presented to The
Medical Protective Company's risk management seminar for
its insureds, 2005
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"Deposition Tips and Traps," presented to
the Barnes-Jewish Hospital and Washington University
Emergency Medicine Departments, 2002
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"Efficient Injustice: The Demise of the
'Substantial Injustice' Exception to Arbitral Finality,"
published
in the University of Missouri Journal of Dispute
Resolution, 1993
Professional Affiliations
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American
Bar Association
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The
Missouri Bar
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Bar
Association of Metropolitan St. Louis
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Missouri Organization of Defense Lawyers
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Defense Research Institute
Community Service and Awards
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Missouri Lawyers Weekly Top 35 Up & Coming Lawyers, 2007
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Director, St. Clare of Assisi Parish Soccer Program,
2007-Present
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Youth Soccer Coach, 2000-Present
Employment
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Lashly &
Baer, P.C.
Member, 2005-Present
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Moser and Marsalek, P.C.
Principal, 2002-2005
Associate, 1999-2001
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Yeretsky & Maher, L.L.C.
Associate, 1996-1998
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Carson & Coil, P.C.
Associate, 1994-1996
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