Amy Malone, Flaherty Sensabaugh Bonasso PLLC Photo

Amy Rothman Malone

Member

Education

  • J.D., West Virginia University College Of Law (2006)
  • B.A., Miami University, Microbiology (2001)

Admissions

  • West Virginia (2006)
  • Southern District of West Virginia (2006)
  • Kentucky (2021)

Overview

With a degree in microbiology, Amy Malone brings unique insight to her medical malpractice defense work. She has been practicing for over a decade, handling an array of medical malpractice cases – representing radiologists, OB/GYNs, internal medicine/family practice physicians, nurses and hospitals – helping her clients protect their careers and reputations.

When asked about her true passion at work, Amy returns to her love of medicine. “Learning and understanding the medicine involved in each case is so important. We can win cases when we discover that the medicine does not indicate that the alleged medical negligence harmed the patient.”

Amy’s distinguishing ability is that she’s handled several multi-plaintiff medical malpractice cases before the West Virginia Mass Litigation Panel and the Federal Multidistrict Litigation Panel. She has also tried numerous cases to verdict and is currently undefeated in the courtroom. She has also obtained dismissals for her clients, where the allegations were unsupported by the medical evidence.

Outside of the courtroom, Amy co-chairs Flaherty’s recruiting committee and enjoys spending time with her husband and two daughters.

Affiliations

Professional Involvement

  • American Health Lawyers Association (2012)
  • West Virginia Bar Association (2006)
  • Defense Trial Counsel of WV (2006)
  • Defense Research Institute, Ethics Committee Member (2006)
  • Kanawha County Bar Association (2006)
  • Energy and Mineral Law Foundation (2005)

Experience

Representative Legal Work

  • Represented hospital in a multi-plaintiff case alleging that the hospital encouraged a physician to perform unnecessary procedures
  • Represented a radiologist in a personal injury case where the plaintiff alleged that the radiologist improperly read a CT scan of the plaintiff’s abdomen causing a delay in diagnosis of appendicitis, resulting in a defense verdict at trial
  • Represented a radiologist in a personal injury case where plaintiff alleged that the radiologist improperly read a CT scan of the plaintiff’s abdomen causing a delay in diagnosis of a perforated bowel, resulting in a defense verdict at trial
  • Represented a gastroenterologist in a wrongful death case where plaintiff alleged that the gastroenterologist did not properly treat the decedent during a code situation causing the decedent’s death, resulting in a defense verdict at trial
  • Represented a hospital in a medical malpractice case where plaintiff failed to file her claim within the statute of limitations
  • Represented a gastroenterologist in a lost chance of life case where the plaintiff alleged that the gastroenterologist did not timely diagnose his metastatic colon cancer, resulting in a defense verdict at trial
  • Represented a hospital in a medical malpractice case where plaintiff alleged that the labor and delivery nurses did not appropriately treat the laboring mother causing injury to the baby
  • Represented a cardiologist in a multi-plaintiff case wherein it was alleged that the cardiologist did not follow proper infection control procedures
  • Represented an OB/GYN in a maternal wrongful death case at trial, resulting in a defense verdict
  • Represented numerous physicians and nurses before state licensing boards

Other Legal Experience 

  • Member, Flaherty Sensabaugh Bonasso (2014 – Present)
  • Associate, Flaherty Sensabaugh Bonasso (2006 – 2013)
  • Summer Associate, Flaherty Sensabaugh Bonasso (2004 – 2005)
  • Support Staff, Farmer, Cline & Arnold (2003)

Insights

Speaking Engagements

  • Medicaid Fraud Control Unit: Implications of SB 318, West Virginia Healthcare Financial Management Association, Stonewall Resort, May 2019
  • Government Internet Resources: Federal, State and Local, NBI Seminars, Charleston, WV, January 2012
  • Legal Issues for the Obstetrical Nurse, local hospital presentation, July 2016
  • Legal Issues for Health Information Management, local hospital presentation, July 2016
  • Red Flag Rules, West Virginia Office Managers Association, Charleston, West Virginia, July 2009
  • Litigation A to Z, Bucerius Law School, Hamburg, Germany, March 2009
  • Anti-Fraud Compliance: How Recent Changes in the Deficit Reduction Act Effect Health Care Providers, West Virginia Health Financial Management Association, Flatwoods, WV, April 2007

Publications

  • The False Claims Act: Recent Changes Affecting Health Care Entities, Spring 2007 Defense Trial Counsel of West Virginia Newsletter (2007).
  • Review of Recent West Virginia Supreme Court Cases Applicable to Physical Therapists – Fall/Winter Board of Physical Therapy Newsletter, edited by Don Sensabaugh and Alaina Stout (2006).

Honors & Awards

  • Listed, The Best Lawyers in America©
    • Medical Malpractice Law – Defendants (2021 - 2022)
  • Listed, West Virginia Rising Stars (2013 - 2018)
  • Lugar Mock Trial National Traveling Team, West Virginia University (2004 - 2005)
  • Energy and Mineral Law Foundation Scholarship Recipient (2005)

Practice Concentrations

  • Medical Malpractice Defense
  • Hospital and Physician Risk Management Education
  • Health Care Law
  • Board of Medicine
  • General Litigation
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