David S. Givens

David Givens is a highly experienced litigation attorney with over 30 years of experience. Throughout his career, he has dedicated his practice to various aspects of civil litigation, including defense of medical and legal malpractice matters, product and commercial litigation, and employment and contract cases. For the past 20 years, he has focused on various aspects of healthcare law, including complex, high-stakes medical malpractice claims, fraud and abuse allegations, and medical staff privileging matters. David has also served as general counsel for a regional Independent Practice Association, advising on risk sharing, clinical integration, regulatory compliance, and contract negotiations. He has represented hospitals and individual physicians in contracting and medical staff credentialing and privileging matters.

As a litigator, David is recognized for his experience in healthcare law and medical malpractice defense, but has tried many types of cases to verdict, including breach of contract, professional negligence, automobile liability, civil rights, defamation, premises liability, and fraud and conspiracy claims. He has successfully represented healthcare defendants at trial in cases involving infant death, brain damage, and other catastrophic injuries. Additionally, he has successfully handled complex commercial and product litigation matters in state and federal courts and has represented employers in administrative claims before the United States Department of Labor.

David has served two separate terms on the Board of Governors for the Defense Trial Counsel of West Virginia. Since assuming the managing member position of Flaherty's Wheeling office, he has further solidified his reputation as a talented litigator and healthcare lawyer, has served as a court-appointed "McKenzie Friend" in a complex lands trust act case in Southampton, Great Britain, and has successfully represented one of West Virginia's largest hospitals in appeals before the Fourth Circuit Court of Appeals and the Supreme Court of the United States concerning the proper application of the civil immunity provisions of the Health Care Quality Improvement Act.

David's proven capabilities as a trial attorney and extensive experience in multiple fields of healthcare law position him to provide skilled representation to healthcare organizations and providers in a wide variety of matters. Currently, David is pursuing his interest in developing a practice focused on overcoming the challenges to successful implementation of AI technologies in Medicine and advising clients regarding the responsible and ethical use of advanced generative AI models in healthcare.

Professional Involvement

• American Health Lawyers Association
• Defense Trial Counsel of West Virginia 
• Responsible AI in Legal Services (RAILS)

• Listed, The Best Lawyers in America© since 2010
  • Medical Malpractice Law – Defendants (2011 - 2024)
  • 2019 – Lawyer of the Year – Morgantown, WV – Medical Malpractice Law - Defendants