Chad O. Propst

Partner

Bio

Chad O. Propst previously practiced for 14 years at one of the top medical-malpractice and product-liability defense firms in Kentucky, specializing in trial and appellate defense for some of the largest hospitals and businesses in the country. Mr. Propst has co-chaired several jury trials for defendants and plaintiffs and has led numerous appeals to the Kentucky Supreme Court, the Kentucky Court of Appeals, and the federal appellate courts. In 2022, Mr. Propst represented a client before the Supreme Court of the United States in an appeal involving the First Amendment. He also has vast knowledge in representing parties in complex contractual, business, and intellectual property litigation.

Mr. Propst represents injured parties across all areas of litigation. He has extensive knowledge representing clients in medical-malpractice, transportation, and other complex tort litigation. Having successfully represented defendants and plaintiffs at his prior firm, Mr. Propst provides his injured clients with valuable insider insight into the minds on the other side of the litigation.

Mr. Propst is an accomplished legal writer and oral advocate, having argued numerous high-stakes issues at the trial and appellate levels and having established significant precedent along the way. For example, a 2018 Kentucky Court of Appeals opinion reversed a $21.2-million judgment that had been awarded by a jury against a hospital client, and a 2014 Kentucky Supreme Court opinion affirmed an award exceeding $4 million for an injured client and allowed a retrial on punitive damages, which resulted in an additional monetary settlement for Mr. Propst’s client.

In 2018, Mr. Propst was awarded Martindale-Hubbell’s AV Preeminent recognition. He has also been conferred with Martindale-Hubbell’s Client Champion Award. Mr. Propst has been recognized by Super Lawyers as one of Kentucky’s Rising Stars. He has also authored texts published by nationally recognized legal publications.

Mr. Propst is a single father of two and lives in Louisville.

What Peers Say

Since 1887, Martindale-Hubbell has been evaluating and rating attorneys through its revered peer-review system. Only those who meet its highest professional and ethical capabilities are given Preeminent recognition. Below are selections of peer reviews from attorneys who have practiced alognside and against Mr. Propst:

“As someone who has had the good fortune to argue on the same side as Chad, and then argue other cases against him, I can confidently say Chad is an excellent attorney. You know you’re getting the very best advocacy whenever Chad is involved.”

“One of the best analytical lawyers and writers I have known in my 40 years of practice.”

“Chad has a sharp intellect and a keen mind for litigation and healthcare law.”

“Chad is a very diligent and thorough medical malpractice attorney who develops novel and creative legal theories to improve outcomes for his clients.”

“Chad is an extremely hard working, bright and capable litigator, and very easy to work with.”

Areas of Practice

Medical Malpractice
Public Transportation Accidents
Truck Accidents
Car Accidents
Wrongful Death
Product Liability
Post-Trial Appellate Matters

Bar Admissions

Kentucky
United States Eastern and Western Districts of Kentucky
United States Sixth Circuit Court of Appeals
Supreme Court of the United States

Professional Associations & Memberships

Kentucky Bar Association
Louisville Bar Association
Kentucky Justice Association

Education

University of Louisville School of Law
- J.D. – 2010
  - Magna cum laude
  - Top 5% of graduating class
  - 9 Book awards for top grade in a class
  - Articles Editor, University of Louisville Law Review
  - Samuel L. Greenebaum Writing Award
  - Kentucky Defense Counsel Award
  - Professional Responsibility Award
University of North Carolina at Chapel Hill
- B.A. – 2002 – History and Religious Studies

Publications

Hospital Liability via Negligent Credentialing After Adams, Ky. Common Defense, Spring/Summer 2018.
Legal Malpractice: State By State (Kentucky co-author) (ABA Lit. Section, 2012 ed.).
Product Liability Compendium (Kentucky co-author) (DRI 2014 ed. & upcoming 2017 ed.).
Dethroning Gould v. O’Bannon, 48 U. Louisville L. Rev. (2009).
- See also Slingluff v. State, 317 P.3d 683 (HI 2013) (citing “Dethroning Gould”).

Presentations

Spring Lecture Series – 2011-2018 – University of Louisville School of Medicine, Department of Psychiatry Residents, Introduction to Forensic Psychiatry & Law (teaching intro to medical malpractice, duty to warn/Tarasoff issues, hospital and physician negligence theories).

Representative Appellate Opinions

Gonterman v. Wooster Mtr. Ways, Inc., 2023 WL 125065 (Ky. App. Jan. 6, 2023) (holding that Firefighter’s Rule did not apply to my client, a state policeman, reversing summary judgment against my client, and remanding for trial).
Bardstown Capital Corp. v. Seiller Waterman, LLC, No. 21-1591 (U.S. June 22, 2022) (petition for writ of certiorari for business developer client in First Amendment matter).
Tipton v. St. Joseph Health Sys., Inc., 2022 WL 2541827 (Ky. App. July 8, 2022) (affirming summary judgment for home-health clients under Kentucky’s COVID-immunity statute).
Powell v. Kentucky Hospital, LLC, 2022 WL 1051765 (Ky. App. Apr. 8, 2022) (affirming summary judgment order on agency issues).
Johnson v. Wood, 2021 WL 2617739 (Ky. June 17, 2021) (affirming denial of writ petition seeking to create new cause of action for spoliation of evidence).
Darwin National Assurance Co. v. Kentucky State University, 2021 WL 1045716 (Ky. App. Mar. 1, 2021) (reversing summary judgment against client, an insurer, and holding that the notice-prejudice rule does not apply to a claims-made-and-reported policy).
Merritt v. Catholic Health Initiatives, 612 S.W.3d 822 (Ky. 2020) (affirming that Kentucky’s bad-faith insurance statutes cannot apply to client’s pure captive insurer).
Catholic Health Initiatives v. Wells, 2018 WL 3798562 (Ky. App. Aug. 10, 2018) (reversing $21.2 million judgment against my client).
Lake Cumberland Reg. Hosp. v. Adams, 563 S.W.3d 683 (Ky. 2017) (declining to adopt negligent credentialing as tort and recommending bifurcation of corporate and medical negligence claims).
Merritt v. Catholic Health Initiatives, 2017 WL 5504916 (Ky. App. Nov. 17, 2017) (holding that Kentucky’s bad-faith insurance statutes cannot apply to client’s pure captive insurer).
Frankfort Reg’l Med. Ctr. v. Shepherd, 2016 WL 3376030 (Ky. June 16, 2016) (allowing protection of notes of hospital employees if made to effectuate legal representation).
Spalding v. Spring View Hospital, 2016 Ky. App. Unpub. LEXIS 742 (Ky. App. Mar. 11, 2016) (reversing trial court ruling and recognizing “negligent credentialing” as a cause of action but affirming dismissal of my client on expert proof grounds).
Horsley v. Smith, 2015 WL 602813 (Ky. App. Feb. 13, 2015) (affirming verdict in favor of my client, an ophthalmologist, on lack of informed consent and medical negligence claims).
MV Transp. Inc. v. Allgeier, 433 S.W.3d 324 (Ky. 2014) (affirming).
Robertson v. Burdette, 397 S.W.3d 886 (Ky. 2013) (affirming disqualification of attorney).
Allgeier v. MV Transp. Inc., 2012 WL 1649089 (Ky. App. May 11, 2012) (affirming $4.1 million verdict and reversing and remanding for retrial on client’s punitive damages claim).