Stephen Paul Smith is a member of the firm's Medical Malpractice Practice Group. Stephen focuses his practice on medical malpractice matters. He works with a variety of clients, providing thorough and aggressive litigation support for every type of malpractice action, from pre-suit screening, through trial to post-trial appeals. In that role, Stephen takes and defends client, third party witness and expert depositions, prepares physician and nursing witnesses for depositions, conducts client interviews, and identifies and liaises with medical expert witnesses. Stephen also participates in client conferences and strategy sessions, prepares for and attends mediation and settlement conferences, performs legal research, drafts dispositive motions, other complex pleadings, discovery requests/responses, responses to notices of intent, external correspondence, and legal memoranda, and conducts detailed review of all relevant medical records.
Stephen also regularly monitors legal developments, cases and issues relating to medical malpractice and healthcare issues and his articles and case summaries have appeared in numerous publications, including the Florida Bar Journal.
Prior to joining Fowler White Burnett, Stephen practiced at a leading law firm in Jacksonville, Florida, in the areas of medical malpractice defense, healthcare litigation and commercial litigation. He also served as a law clerk to the Honorable Gary R. Jones, United States Magistrate Judge for the U.S. District Court for the Northern District of Florida, from 2010-2012.
Stephen received his Juris Doctor degree from Vanderbilt University Law School and a Bachelor of Arts degree in History and the Spanish language from the University of Notre Dame.
Professional Associations and Memberships
- The Florida Bar
- Student Education and Admissions to the Bar Committee
- Dade County Bar Association
- Author, "Discovery Pertaining to the Authenticity and Integrity of Electronic Medical Records and Its Impact in Medical Malpractice Cases", American Health Lawyer's Association Health Care Liability & Litigation Newsletter, March 2018
- Author, "The Discoverability of Physician Peer Review and Disciplinary Records Under State and Federal Law in Florida State and Federal Courts", The Florida Bar Health Law Section Newsletter, Vol. XVII, No. 11, Spring 2017; JD Supra, April 2017
- Author, “Florida’s Second District Court of Appeal Declares Florida’s Non-Economic Damages Caps Unconstitutional in Medical Malpractice Personal Injury Actions”, JD Supra Business Advisor, November 2016
- Author, “U.S. Supreme Court to Weigh In On the Use of Nursing Home Arbitration Agreements”, JD Supra Business Advisor, November 2016
- Author, "Florida's Second District Court of Appeal Upholds the Enforceability of Arbitration Agreements in Disputes with Nursing Homes While Striking Down Provisions Requiring Each Party to Bear Its Own Attorney's Fees", JD Supra Business Advisor, October 2016
- Author, “Recent Blows to the Use of Forced Arbitration Agreements by Florida Nursing Homes”, JD Supra Business Advisor, October 2016
- Author, "4th DCA Confirms Florida’s Adoption of the Daubert Standard for Expert Witness Testimony in Florida State Court Applies Retroactively," JD Supra Business Advisor, August 2016
- Co-Author, "Actions for Breach of Real Estate Sales Contracts," Florida Real Property Litigation, 7th ed. 2013