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Scott D. Provencher

About Scott

Scott’s practice includes the representation of hospitals, physicians, pharmacists and other healthcare providers in malpractice litigation and administrative proceedings. He also counsels healthcare providers regarding credentialing matters, quality assurance and peer review, and compliance with applicable federal and state laws and regulations.

Professional Experience

Scott Provencher is a healthcare lawyer who assists clients in matters related to compliance with HIPAA and HITECH, the Physician Self-Referral (Stark) Law, Anti-Kickback and EKRA Statutes, and EMTALA. He also represents clients concerning provider contracts, proceedings before state licensing boards, and issues related to credentialing and peer review.

Scott is also a trial lawyer with extensive experience representing hospitals, psychiatric and behavioral health facilities, pharmacies and pharmacists, physician groups and physicians, and post-acute care facilities in civil litigation matters. 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 American Health Law Association, 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.


Scott has been named to The Best Lawyers in America© in Insurance Law (2011-2024), Mass Tort Litigation/Class Actions – Defendants (2013-2024), Medical Malpractice Law – Defendants (2012-2024), Personal Injury Litigation – Defendants (2012-2024), Professional Malpractice Law – Defendants (2012­-2024) and Product Liability Litigation – Defendants (2011-2024). 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 (2009-2021, 2023), and he is recognized in Chambers USA for his work in the category Litigation: Medical Malpractice Defense (2017-2023) and was named an “Up and Coming” attorney by Chambers USA in the same category in 2016.

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