Brian P. Miller

Shareholder
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  • Legal Assistant: Marianne Norton

Brian Miller is a shareholder who leads the firm’s Health Care & Medical Malpractice Defense Group.  For 20 years, Brian has defended health care providers against the full range of medical malpractice claims – including many childbirth injury claims, which are considered the most difficult and potentially the most expensive of such claims.  Brian makes a close study of emerging defenses to high-damage claims involving catastrophic injuries and life care plans.

Brian helped establish and defend laws that protect the interests of health care providers in Utah, including the landmark Utah Supreme Court decision upholding the statutory cap on general damages awardable against health care providers.  Much of his work is referred to him by other lawyers and current and former clients.  Brian is interested in medical malpractice prevention as well as defense.  He often conducts in-service programs for his clients, as well as grand rounds programs for hospital physicians.

Brian devotes a good portion of his practice to defense of a major healthcare group which owns and operates five hospitals in Utah. He assists this client with a range of medical malpractice matters and issues relating to quality improvement and risk management.

In addition, Brian represents medical doctors who are insured by medical malpractice insurance providers.  His clients in this area include Preferred Physicians Medical (anesthesiologists), Podiatry Insurance Company of America and Mutual Insurance Company of Arizona – among others.

As a variation in his practice, Brian represents Utah’s largest amusement park.

Brian was mentored by some of the most highly regarded and respected litigation and trial attorneys in Utah. In turn, he seeks to pass on what he knows to younger partners and associates.  He frequently participates as a judge in mock trials and advocacy events for local law schools.  He is involved as a Master of the Bench in the American Inns of Court program and regularly lectures to pre-law and law students on legal careers.

Within the Firm, Brian Chairs the Nomination and Business Organization Committee.

Education

  • J.D., Brigham Young University, J. Reuben Clark Law School, cum laude, 1994
  • B.S., Brigham Young University, Business Management / Finance, 1991

Bar & Court Admissions

  • Utah State Bar
  • U.S. District Court, District of Utah
  • Author, Statutory Post Judgment Interest: The Effect of Legislative Changes after Judgment and Suggestions for Construction
  • Speaker, Ground Rounds (CME events – participates in these hospital events)

Brian is a frequent speaker to pre-law student groups on life as a lawyer and is actively involved in the BYU Law School

  • Utah Bar Association
  • A. Sherman Christensen American Inns of Court I
  • Defense Research Institute, Health Care
  • Utah Defense Lawyers Association
  • Salt Lake County Bar Association
  • Listed in Best Lawyers in America® for Medical Malpractice Law – Defendants
  • Recognized as Utah Super Lawyer by Super Lawyers Magazine
  • Recognized as Utah Legal Elite by Utah Business Magazine

Unique Recognition – Education

  • Law School: Brigham Young University, J. Reuben Clark School of Law, 1994
    • Law Review
    • Chairman, Trial Advocacy Board of Directors
    • Honored Student Award
  • Seale v. Gowans, 923 P.2d 1361 (Utah 1996)
  • Harnicher v. University of Utah Medical Center, 962 P.2d 67 (Utah 1998)
  • Baczuk v. Salt Lake Regional Medical Center, 8 P.3d 1037 (Utah Ct. App. 2000)
  • Kittredge v. Shaddy, 20 P.3d 285 (Utah Ct. App. 2001)
  • Nunez v. Albo, 53 P.3d 2 (Utah Ct. App. 2002)
  • Newman v. Sonnenberg, 81 P.3d 808 (Utah Ct. App. 2003)
  • Judd v. Drezga, 103 P.3d 135 (Utah 2004)
  • Baker v. Stevens, 114 P.3d 580 (Utah 2005)
  • Cannon v. Salt Lake Reg’l Med. Ctr., (Utah 2005) App 352, 121 P.3d 74
  • Bybee v. Abdula, 189 P.3d 40 (Utah 2008)
  • Powell v. Cannon, (Utah 2008) 19, 179 P.3d 799
  • Stewart v. Bova, (Utah 2011) App 129, 256 P.3d 230

Outside of the office, Brian spends time with his family in the mountains of Utah – hiking, camping and fishing.  They also enjoy taking multi-day hikes on back-country trails in many of the National Parks including Yellowstone, Arches, Zion, Bryce Canyon, Capitol Reef and Canyonlands.