Biography

Scott D. Kirschbaum, Esq., is a Senior Partner in the firm’s Miami office and co-chair of the Nursing Home and Adult Living Facilities practice group. He is fluent in Spanish and maintains close ties to the South Florida community.

Scott has been practicing exclusively as a defense attorney for thirty years defending medical professionals, hospitals and long-term care facilities. His practice focuses on cases involving wrongful death, catastrophic injury, personal injury arising out of claims of medical malpractice, nursing home negligence, assisted living facility negligence, group home negligence, drug treatment facilities and other medical professionals including defending negligence claims against chiropractors, acupuncturists, aestheticians and licensed massage therapists. Scott also handles the defense of retail establishments and other corporations in premises liability and negligent security cases, as well as motor vehicle and trucking accidents.

Scott has tried nearly forty cases to jury verdict and has conducted many more bench trials and arbitrations. He has also argued appeals before the Third District and Fourth District Courts of Appeal, which includes the notable decision of Fitzpatrick v. Meredith, D.C., 248 So.3d 1251 (4th DCA 2018).

Scott’s practice also includes the defense of various medical professionals in licensure and disciplinary actions brought by the Florida Department of Health (FDOH), the Agency for Healthcare Administration (AHCA) and the Florida Department of Children and Families (DCF). He has provided his insurance industry clients with coverage counseling and has pursued coverage declaratory actions on their behalf.

Scott is recognized by the Florida Department of Financial Services as a provider of education to insurance professionals in the state of Florida in an effort to assist the professionals in obtaining the required and necessary continuing education for the licensure. He has also provided numerous seminars to various insurance industry representatives, medical professionals and long-term care facilities on various topics including bad faith.

Scott received his Bachelor of Science degree in from Nova University (1989) graduating with Honors. He obtained his Juris Doctor from St. Thomas University School of Law (1992) where he graduated with Honors and was rankedthird in his class. He remained in the top 5% of his class throughout his law school career and was on the Dean’s List throughout. Scott was a member of the St. Thomas University Law Review. He also received multiple Book Awards and assisted well-known legal professors with research for scholarly articles. Scott also served on the Honor Council while in law school.

Scott is admitted in Florida (1992). He is also admitted to practice in the United States District Court for the Southern District of Florida (1993) and the United States Circuit Court of Appeals for the Eleventh Circuit (2012).

Practice Areas

Practice Areas

• Appeals | Litigation Support
• Auto & Fleet Liability
• Bad Faith | ECO
• COVID-19
• Federal Practice
• General Liability
• Insurance Coverage
• Medical | Heathcare
• Negligent Security
• Nursing Home | ALF
• Premises Liability
• Professional Liability | E&O
• Surgical LOP Abuse
• Time & Policy Limit Demands and Tenders
• Trucking Liability

Experience

Awards & Honors

• Best Lawyers, 2023

Bar/Court Admission

• 1992, Florida
• 1993, United States District Court for the Southern District of Florida
• 1993, United States Circuit Court of Appeals for the Eleventh Circuit

Education

• Nova University, B.S., with honors, 1989
• St. Thomas University School of Law, Juris Doctor, with honors, 1992

Professional/Civil Memberships

• Florida Defense Lawyers Association
• Miami-Dade Bar Association

Industries Represented

Languages

• Spanish

Verdicts

Verdicts

Presentations

Presentations and Speaking Engagements

Publications

Articles