Bradley Blackham is a shareholder with the firm. He represents Utah-based healthcare providers including hospitals, physician groups, medical and dental clinics, and individual healthcare providers. He also defends insureds in general personal injury matters.
Immersed in the healthcare industry, Brad's practice includes defense of medical malpractice claims, advising clients on regulatory compliance issues, representation of providers in licensing investigations and disciplinary matters and consulting clients on risk management and patient care strategies. Brad is an experienced trial lawyer, having both first and second-chair jury trial experience in a number of high-risk cases, including a wrongful death claim that was successfully tried to a defense verdict.
Brad works with two of Utah's largest local integrated healthcare systems, which include general and specialty hospitals, community health centers, urgent care clinics, and nearly 3,000 employed primary and secondary care physicians. He also represents general dentists and dental specialists insured by the largest insurer of dentists in the state of Utah.
Brad is a member of the American Health Lawyers Association, the Health Law Section of the American Bar Association, the Health Law Section of the Utah State Bar Association, and the Utah Medical Association Medical Malpractice Advisory Group. In 2012, the UMA Medical Malpractice Advisory Group drafted a successful legislative resolution creating an evidentiary privilege that protects from discovery incident reports and other peer review and care review materials. In 2016, Brad’s work with the UMA Medical Malpractice Advisory Group resulted in the passage of a statute that limits the scope of duty physicians owe to non-patients. Brad also serves on Utah Business Magazine’s Healthcare Solutions Summit and Healthcare Heroes Advisory Committee.
Brad also represents pharmaceutical companies in mass tort litigation and was actively involved on the defense side of the highly publicized diet drug litigation in Utah. Prior to joining the firm, Brad was a tax consultant in Los Angeles for Deloitte and completed a judicial clerkship with the Hon. Russell W. Bench (Ret.), Utah Court of Appeals.
Brad serves on the firm's Board of Directors.
Presentations & Publications
- Speaker, Legal and Ethical Issues in Dentistry, Roseman University, College of Dentistry, January 2018
- Speaker, Health Law Issues of 2017, Utah Business Healthcare Solutions Summit, September 2017
- Presenter, Anatomy of a Medical Malpractice Lawsuit—Defending Your Care, Hospital Grand Rounds, April 2016.
- Panel Member, Dental Malpractice Cases—Plaintiff and Defense Perspectives, Utah Dental Association’s Annual Convention, 2011
Professional & Civic Involvement
- American Health Lawyers Association
- American Bar Association, Health Law Section
- Utah Bar Association, Health Law Section and Litigation Section
- Healthcare Solutions Summit & Healthcare Heroes Advisory Committee
- Defense Research Institute, Healthcare
- Utah Medical Association Medical Malpractice Advisory Group
Honors / Awards / Unique Recognition
- Recognized as a Utah Super Lawyer by Super Lawyer Magazine
- Rated by Martindale-Hubbell® Peer review as AV® Preeminent™ 5.0 out of 5.*
- Recognized as Utah Legal Elite in Healthcare, by Utah Business Magazine
*Peer review Rated Lawyer of AV® Preeminent™ 5.0 out of 5.* *AV® Preeminent™ and BV® Distinguished™ are certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the anonymous opinions of members of the Bar and the Judiciary. Martindale-Hubbell Peer Review Ratings fall into two categories - legal ability and general ethical standards.
Unique Recognition - Education
- Law School: Brigham Young University, J. Reuben Clark School of Law, 1999
Judicial Clerkship: Judge Russell W. Bench (Ret.), Utah Court of Appeals
Practice Emphasis & Experience
Bradley Blackham has a longstanding relationship with the medical and dental communities. His practice includes defense of hospitals, clinics and individual healthcare providers in malpractice actions. He also advises clients on a variety of non-litigation matters including telehealth law, HIPAA and HITECH privacy requirements and compliance with fraud and abuse statutes and regulations such as Anti-Kickback, Stark and Civil Monetary Penalties. He also represents individual physicians and other healthcare providers in licensing investigation and disciplinary matters involving the Utah Division of Occupational and Professional Licensing.
- Patient v. Dentist: 81 P.3d 808 (Utah Ct. App. 2003) (affirming summary judgment in favor of client dentist in case involving claim of patient abandonment).
- Patient v. Hospital, 2006 UT 78, 150 P.3d 467 (holding Governmental Immunity Act’s venue provisions and not general venue statute applies to academic medical center).
- Patient v. Hospital, 2010 UT App 85, 232 P.3d 529 (affirming trial court order striking plaintiff’s liability expert).
- Defense verdict in jury trial of wrongful death claim. A medically complex patient was stable at time of hospital discharge but died five hours later. The patient's family sued, seeking $6 million in damages. SCM defended the hospital and the physicians who provided treatment and care in the hospital. The jury returned a defense verdict.
- Defense verdicts in two jury trials of a paraplegia case with different attorneys representing the patient in each trial. The patient was hospitalized in an intensive care unit after sustaining significant injuries in an automobile accident. The patient alleged nursing staff moved her improperly and caused paralysis. SCM defended the hospital. Following a seven-day trial, the jury returned a defense verdict. On remand from an appeal, the case was tried a second time. The plaintiff requested $16 million in damages. Once again, the jury returned a defense verdict.