Michael S. Smith is an experienced civil litigator with more than 35 years of experience representing clients in a wide variety of matters including medical malpractice, wrongful death, personal injury, legal malpractice, automobile negligence, insurance disputes, and commercial litigation.
Michael is an AV® Preeminent™ rated attorney by Martindale-Hubbell® and has been named a “Top Lawyer” by the South Florida Legal Guide.
He frequently draws on his previous experience as a defense attorney, which has given him great insight and knowledge regarding the management and claims decision-making processes utilized by Florida hospital systems, physician groups, and insurance carriers defending significant and catastrophic injury cases.
Armed with this knowledge and experience, Michael has returned to his first passion of litigating claims on behalf of those with devastating injuries caused by medical malpractice. Prior to joining the Clark, Fountain, La Vista, Littky-Rubin & Whitman team, Michael was an equity partner at Sonneborn, Rutter, Cooney & Smith P.A. in West Palm Beach, FL.
A confidential settlement was reached by Attorney Michael Smith with a healthcare provider for unnecessary surgery.
The plaintiff fell at her home while doing yard work and sustained a left elbow radial head fracture. Because of the severity of the fracture, surgical intervention was necessary. Unfortunately, the surgery resulted in permanent numbness and tingling in the median nerve distribution, which affected the thumb and index fingers and prohibited her from engaging in typical daily activities. As a result of the botched surgery, our client underwent multiple additional surgeries. She was never able to improve the loss of use in her hand and fingers that originated after the initial surgery. Multiple experts were retained and suit filed against the healthcare provider alleging the surgery should have never been performed and that it was not performed correctly. The case successfully resolved for a confidential amount, which will compensate the plaintiff for future medical needs and loss of her working ability as a health care provider – a position she held prior to her injury for more than 16 years.
A confidential settlement was achieved by Attorney Michael Smith and Partner Nancy La Vista in a medical malpractice claim whereby the patient was left paralyzed below the waist.
After back surgery, the patient bled into his spine which went undiagnosed too long such that the proper treatment was ineffective. The resolution of the litigation will allow the patient and his family to obtain future medical care and be financially secure.