John Floyd Sr.

John Floyd Sr.

John Floyd Sr. is the managing partner of Wicker Smith’s Nashville Office. John has been practicing for over 30 years and during that period, he has tried to verdict over 100 jury trials.  A significant number of these trials involved the defense of healthcare providers in medical negligence claims.  John is board certified in medical malpractice by the American Board of Professional Liability Attorneys which is approved by the American Bar Association.  He is also certified as a trial specialist by the National Board of Trial Advocacy.  John is presently National Counsel for a large medical malpractice carrier wherein he is retained to assist local defense counsel with selection of experts, trial strategy and trial. These cases often involve significant brain injuries and other spinal related injuries.  John is presently admitted to practice pro hac vice in eighteen states.  John is frequently asked to assist at trial on short notice and relishes the opportunity to work with counsel to develop the best trial strategy to achieve a successful result.

In addition to defending healthcare providers, John and the attorneys at the Nashville office, regularly represent clients in general liability matters, insurance coverage litigation and arbitration and business litigation cases.  These cases have involved claims of civil conspiracy, violation of the Lanham Act, intellectual property, partnership dissolution and wrongful death.

In addition to his trial practice, John Sr. has lectured extensively to various healthcare providers, attorneys and claims specialist on a vast array of subjects ranging from trial strategies, claims avoidance, file handling and traumatic brain injury litigation.

• Federation of Defense and Corporate Counsel (FDCC)
• International Association of Defense & Corporate Counsel (IADC)
• Professional Liability Defense Federation (PLDF)
• Claims & Litigation Management Alliance (CLM)
• Tennessee Defense Lawyers Association (TDLA)
• Defense Research Institute (DRI)
• American Bar Association (1990-2015)
• Tennessee Bar Association
• Nashville Bar Association
• Tennessee Hearing Committee Member for Attorney Disciplinary Hearings
• Litigation Counsel of America – Senior Fellow
• National Association of Chiropractic Attorneys (NACA)

• Mid-South Super Lawyers: Business and Corporate Litigation (2006-2020)
• Nashville Top 50 Lawyers Mid-South Super Lawyers (2015)
• Certified Civil Pretrial Practice (2012)
• Certified Civil Pretrial Specialist (2012)
• Nashville Post Publication Top 101 Lawyers: Litigation (2011)
• Certified Medical Malpractice Specialist (2000)
• Certified Civil Trial Specialist (1996)
• Certified Medical Professional Liability Specialist (1996)
• Certified Civil Trial Specialist (1996)
• The National Board of Civil Trial Advocacy
• The National Board of Civil Trial Advocacy
• The American Board of Professional Liability Attorneys
• The Tennessee Commission on Continuing Legal Education & Specialization
• AV® Preeminent™ rated attorney by Martindale-Hubbell

April 2022: “Preventing Chiropractic Malpractice Claims: A Proactive Approach”.  Presented at the 2022 Mid-South Spine Symposium Germantown, TN.

October 2021: “Defending the Chiropractic Physician: Trial Strategies”. Presented at the 2021 Summit Wisconsin Chiropractic Society, Dells, WI.

July 2021: “Defending Sexual Battery Claims in #MeToo Era: Outside the Box Strategies” Presented at the 2021 DRI Medical Professional Liability Seminar Las Vegas, NV. Co-Presenter with Mandi Karvis, Esq.

September 2020: “Defending the Chiropractic Physician at Trial: Stroke Cases” Presented at the 2020 American Chiropractic Association Annual Student Leadership Conference.

October 2019: “Defending the Chiropractic Physician: Stroke Cases & More” Presented at the 2019 Summit Wisconsin Chiropractic Society, Dells, WI.

June 2019: “Defending the Chiropractic Physician at Trial:  Stroke Cases” Presented at the Texas Chiropractic Annual Convention. Dallas, Texas.

April 2019: “Defending the Chiropractic Physician: An Introspective Analysis” Presented to the OUM claims committee and claims staff. Franklin, Tennessee.

December 2018: “Defending the Chiropractic Physician at Trial: Stroke Cases” Presented at the Winter Conference of the Tennessee Chiropractic Association.  Nashville, Tennessee.

June 2018: “Association v. Causation and Utilization of Science at Trial to Explain the Difference” Presented at the Annual Conference of the Canadian Chiropractic Protective Association. Toronto, Canada

May 2018: “Defending the Chiropractic Physician: Stroke Cases” Presented at the Annual Conference of The National Board of Chiropractic Examiners.  Dallas, TX

April 2018: “Defending the Chiropractic Physician: Beginning to End” Presented at the 2018 Idaho Chiropractic Annual Meeting. Boise, Idaho

January 2018: “Stroke: Defending the Dissection Case” Presented at the 2018 Annual Kentucky Chiropractic Association Conference.  Louisville, KY

August 2017: “Defending the Chiropractic Physician: Beginning to End” Presented at the 2017 Southern Chiropractic Conference. Franklin, TN.

July 2017: “Medical Errors – The Patient’s View”.  Presented at the 2017 American Podiatric Medical Association Conference.  Nashville, TN.

March 1, 2017: “Defense Strategies in the Chiropractic Malpractice Case” Presented at the OUM Semi-Annual Defense Counsel Meeting.  Las Vegas, Nevada

September 10, 2016: “Trying the Chiropractic Malpractice Case: Actual Trial Testimony & Strategy Explained and Demonstrated” Presented to the OUM Claims Committee and Underwriting.  Franklin, TN

August 2016: “Don’t Let Record Keeping Become the Revenant of Your Practice: Actual Trial Video” Presented at The National FCA Convention. Orlando, Florida.

February 10, 2016: “Recent Trends in Chiropractic Malpractice and Office Procedure” Presented via webinar

September 2015: “Getting Committed to the Defense & the Client” Presented at the 2015 NCMIC Defense Counsel Seminar Scottsdale, Arizona.

August 2015: “Avoiding Chiropractic Malpractice Claims & Defending Cerebrovascular Dissection Cases” Presented to the Tennessee Chiropractic Association at its Annual Meeting Nashville, TN.

May 2015: “The Chiropractic Profession & Defense Strategies” Presented over two days to OUM personnel and claims specialist.  Franklin, TN

March 2015: “What is Chiropractic Malpractice & How Do You Avoid a Claim” Presented via webinar to Airrosti Rehab Center Providers.

March 2015: “Representing the Chiropractic Physician” Presented to the OUM Defense Counsel Panel at the DRI Annual Meeting San Francisco, CA.

January 2015: “Avoiding Chiropractic Malpractice Claims” Presented to the Kentucky Chiropractic Association Annual Meeting Louisville, KY.

September 2014: “Bring Your Own Device: Technology in Practice” Presented to the Tennessee Podiatric Medical Association at its Annual Meeting, Brentwood, Tennessee.

August 2014: “Appropriate Investigation: Process and Documentation” Presented to Risk Managers at Haven Behavioral Healthcare, Nashville, TN.

June 2014: “Avoiding Malpractice Claims: A Proactive Approach” Presented at the Logan College of Chiropractic Midwest Conference in St. Louis, Missouri

October 2012: “Risk Management Seminar on Avoiding Malpractice Claims” Presented to the Tennessee Podiatric Medical Association at its Annual Meeting, Brentwood, Tennessee.

January 2010: “Management of Your Practice and Avoiding Malpractice” Presented to the New York American Podiatric Medical Association, at the NY Podiatric Annual Clinical Conference.

April 2009: “Avoiding Malpractice Claims: A Proactive Approach to your Medical Practice” Presented at Rosland Franklin University, Chicago, Il.

April 2009: “Malpractice & Guidance, A Lawyers Perspective” Presented at the American Podiatric Medical Associate Midwest Podiatry Conference in Chicago, Il.

April 2008, “Risk Management Seminar – Avoiding Malpractice Claims” Presented at the American College of Foot and Ankle Surgeons meeting in Nashville, Tennessee.

September 2007, “Avoiding Malpractice Claims: A Pro-Active Approach” Presented to the graduate students at Rosland Franklin University, Chicago, Illinois

September 2007, “Avoiding Malpractice Claims & Informed Consent” Presented to the Tennessee Chiropractic Association Annual Meeting, Nashville, Tennessee

January 2007, “Avoiding Malpractice Claims Through a Pro-Active Practice Management Approach” Presented at the American Podiatric Medical Association, Philadelphia, Pennsylvania

September 2005, “Risk Management Seminar – Avoiding Malpractice Claims”, Presented to the American College of Foot and Ankle Surgeons.  Nashville, Tennessee

March 2005, “Marketing Strategies For Young Lawyers” Presented at the Defense Research Institute’s Professional Liability meeting in San Diego, California

April 2004, “Strategies for Voir Dire in the Defense of Chiropractic Physicians” Presented at the OUM/PICA Annual Defense Counsel Seminar. Nashville, Tennessee

October 2004, “The Uncooperative or Unsavory Defendant” Presented at the NCMIC Annual Defense Counsel Seminar in Las Vegas, Nevada

March 2002, “Defending Infusion Based Pharmacy in Complex Litigation” Presented at the Defense Research Institute’s Professional Liability meeting in San Francisco, California.

October 19, 2002, “Forms of Communication & Avoiding Malpractice Claims” Presented at the American Podiatric Medical Association, Region I, Danvers, MA

June 29, 2002, “Risk Management – Avoiding Malpractice Claims” Presented at the Podiatry Institute Annual Seminar in Hilton Head, South Carolina

Presiding Judge, The Southern Regional American Trial Lawyers Association Law Student Mock Trial Competition, Nashville, Tennessee March 2000 & March 2001

February 2001, “The Challenges of Representing Allied Health Care Professionals” Presented at the Defense Research Institute’s Professional Liability meeting in San Diego, California

2000 ITRA Expo, Mock Trial Demonstration of Tire Failure Case, Opryland Hotel Convention Center, Nashville, Tennessee. The International Tire & Rubber Association, Inc.

April 2000, “The Podiatric Malpractice Defense” Presented to the APMA, student section, Scholl College of Podiatric Medicine, Chicago, Illinois

February 1997 – 2005, Annual Seminar, “The Podiatric Malpractice Case & Claim Avoidance” Presented to the APMA Student Section, Brentwood, Tennessee

Nashville Bar Association Seminar, “Medical Malpractice in Tennessee: Author/Speaker Recent Developments and Courtroom Strategies” October 28, 1997

February 1997, “Avoiding the Podiatric Malpractice Action” Presented at the Podiatry Institute Annual Seminar, Snowbird, Utah

December 1996, “Medical Malpractice in Tennessee” Presented to CNA Insurance Company, Tampa, Florida

April 1995, “Missed X-Rays in the Emergency Room – Medicolegal Issues” Presented at Sterling Healthcare Group Emergency Medicine Seminar, Nashville, Tennessee

Floyd, J. “The Malpractice Case: The Best Defense is a Good Offense”, APMA News, June 2014.

Floyd, J. “Standard of Care: The Elusive Concept”, Footlights, Winter 2014.

Floyd, J. “Failures in the First Years of Practice: It’s About “Time””, Young Members’ Exchange, APMA, 2004, vol. 7, no. 3.

Floyd, J.  Medical Malpractice in Tennessee, 1998, Todd & Floyd, PLC

Floyd, J.  Avoiding The Podiatric Malpractice Action, 1997, Manier, Herod, Hollabaugh & Smith.

Floyd, J.  Medical Malpractice in Tennessee, 1996 & 1997, Manier, Herod, Hollabaugh & Smith.

Floyd, J.  “Show Me The Money and The Contract!”, OUM Chiropractic Program News, 1997, vol. 10, 4.  Legal.

Contributor: A Practical Guide to Tennessee Construction Law, 2nd Edition, 1991 & 3rd Edition 1997, Manier, Herod, Hollabaugh & Smith.

Floyd, J.  “The Malpractice Case: How Does the Podiatrist Defend?”, Footlights, 1997, vol. 1, Legal.

Floyd, J.  “Reducing Medical Malpractice Claims Through Community Involvement”, Footlights, 1996, vol. 4, Legal.