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Scott D. Provencher

About Scott

Scott’s practice as a litigator includes the representation of hospitals, physicians, pharmacists, and other healthcare providers in malpractice litigation as well as administrative and credentialing matters. He also defends product liability claims brought against medical device and drug manufacturers.

Professional Experience

Scott Provencher is a trial lawyer with extensive experience representing hospitals, psychiatric and behavioral health facilities, pharmacies and pharmacists, and physician groups and physicians in civil litigation matters. Scott also handles litigation related to commercial disputes, including claims for breach of contract, tortious interference with business expectancies, misappropriation of trade secrets and a host of other disputes between businesses. He also defends products-liability and mass-tort claims in state and federal courts and multidistrict litigation.

His recent experience includes:

  • Defense verdict for emergency-medicine physician in a claim for alleged failure to diagnose heart attack.
  • Defense verdict for orthopedic surgeon who transected popliteal artery during knee replacement surgery.
  • Defense verdict for emergency-medicine physician in a claim involving death of mother and unborn child due to alleged failure to diagnose pulmonary embolism.
  • Defense verdict for family-practice physician for alleged failure to properly diagnose and treat wound that resulted in necrotizing fasciitis.
  • Defense verdict for pharmacy that improperly filled a narcotic medication, which the deceased later ingested resulting in death.
  • Defense verdict for pediatric anesthesiologist for alleged failure to monitor an IV during surgery, which resulted in compartment syndrome of an extremity.
  • Defense verdict for emergency-medicine physician in case involving alleged failure to diagnose a bowel leak in a patient who recently underwent gastric-bypass surgery.
  • Assisted in defense of multidistrict litigation brought against manufacturer of a statin medication, manufacturer of an anti-coagulant medication, manufacturer of a permanently implanted birth control device, and the manufacturer of a forced-air patient warming device used during surgeries.
  • In multidistrict litigation, assisted with evaluation of claims, defenses and trial strategy.
  • In trial preparation for multidistrict litigation, conducted depositions of key witnesses including plaintiffs, relevant medical providers, and expert witnesses for plaintiffs.
  • In trial preparation for multidistrict litigation, worked with defense experts, including selection and preparation for deposition and trial testimony.

Scott is a member of the International Association of Defense Counsel, American Board of Trial Advocates, and Arkansas Association of Defense Counsel, among other groups.

Before entering private practice, Scott served as a law clerk to the Honorable Robert L. Brown, Associate Justice of the Arkansas Supreme Court, from 1996 to 1998.

Recognition

Scott has been named to The Best Lawyers in America© in Insurance Law (2013-2023), Medical Malpractice Law – Defendants (2012-2023), Personal Injury Litigation – Defendants (2012-2023), Professional Malpractice Law – Defendants (2012­-2023) and Product Liability Litigation – Defendants (2011-2023). In 2015, he received a Lawyer of the Year designation from Best Lawyers in Professional Malpractice Law — Defendants for Little Rock. Scott has been listed in Mid-South Super Lawyers in Personal Injury Medical Malpractice Defense (2009-2020), and he is recognized in Chambers USA for his work in the category Litigation: Medical Malpractice Defense (2017-2021) and was named an “Up and Coming” attorney by Chambers USA in the same category in 2016.

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