DON BROWN is an experienced and exceptionally prolific trial attorney whose primary practice area is insurance defense litigation, with an emphasis in medical malpractice defense as well as nursing home/long term care defense. Don has been licensed to practice law since 1980. He has successfully defended numerous professionals and companies from claims seeking millions of dollars in high-profile suits. In the past twenty years, Don has had over 55 verdicts, placing him in the top ten most prolific attorneys in Kentucky for that period. At the end of 2019, Don was one of only 5 Kentucky lawyers inducted into the first annual Kentucky Trial Court Review Trial Lawyer Hall of Fame. He has also won several state and national awards and recognitions and he is a well-known seminar speaker on the subject of medical malpractice.

Outside the office, Don enjoys golf and music. He and his wife, Cheryl, enjoy traveling and spending time with their children and grandchildren.

Don was featured on the front page of the Courier-Journal newspaper on January 14, 2011.

Professional Background

  • Founding Partner, O’Bryan, Brown & Toner, Louisville, Kentucky, January 1991-present. Primary practice areas include insurance defense litigation cases involving matters of medical malpractice, negligence and tort claims, product liability, and professional liability defense and insurance coverage.
  • Partner, Boehl, Stopher, Graves & Deindoerfer, Louisville, Kentucky, January 1983-December 1990. Area of practice was insurance defense with emphasis on medical malpractice.
  • Attorney at law, Boehl, Stopher, Graves, & Deindoerfer, Paducah, Kentucky, 1980-1982.
  • Attorney at law, Ayres, Parkey, Skaggs, & Ware, Knoxville, Tennessee, 1979-1980.

Honors and Awards
2020 The Best Lawyers in America, Personal Injury Litigation- Defendants and Medical Malpractice Law-Defendants

Recognized in Louisville Magazine’s Best Lawyer and Top Lawyer issues, 2006-2016 for medical malpractice-defense, personal injury, and litigation.

Top 10 Attorneys in Kentucky – Kentucky Super Lawyers 2008-2009 and 2012

Kentucky Super Lawyers, 2007-2020
Top 50 Attorneys in Kentucky – Kentucky Super Lawyers 2007-2020

Martindale-Hubbell: Rating AV Preeminent for Highest Level of Professional Excellence.

Kentucky Monthly: Kentucky’s Best Attorneys, May, 2003

Outstanding Lawyers of America, Best Lawyers in America

Best Lawyers: Louisville Lawyer of the Year Personal Injury Litigation – Defendants 2014

Educational Background
J.D. University of Tennessee School of Law
B.A. University of Kentucky

Court Admissions
Supreme Court of Tennessee
Supreme Court of Kentucky
United States District Court for Western District of Kentucky
United States District Court for Eastern District of Kentucky
United States Court of Appeals for the Sixth Circuit
United States Supreme Court

Professional Memberships
American Bar Association
Kentucky Bar Association
Tennessee Bar Association
Louisville Bar Association
Defense Research Institute
Kentucky Defense Counsel, Inc.

Guest Lecturer at University of Colorado School of Law, December 6, 2006; Seminar: “Failure to Diagnose – A Continuing Challenge” Risk Management Seminar, October 5, 2006; Seminar: American Pediatric Project – Roma­nia “Medical Malpractice: Perceptions and Realities”; Physician Survival Seminar: “Finding Your Way Through the Malpractice Maze” Baptist Hospital East, April 26, 2005; Seminar: “Avoiding Malpractice in the Emergency Room” Risk Management Roundtable at Baptist Hospital East, March 19, 2004; Seminar: Panel Discussion regarding Medical Malpractice, Grand Rounds at University of Louisville School of Medicine, Department of Surgery “Unintended Consequences of Surgery: The Surgeon and the Lawyers”, November 7, 2003; KATA Trial Demonstration, “Learn How You Can Handle a Complex Case by Kentucky’s Best”, September 12, 2003; Seminar: Kentucky Medical Association, “Tort Reform”, November 13, 2002; Seminar for Lorman Education Services at the Brown Hotel, “Conducting an Effective Cross-Examination in Kentucky”, January 29, 2002; University of Louisville, School of Dentistry, Louisville, Kentucky “Avoiding Malpractice”, March, 2000; Fifth Romanian-American Pediatric Symposium, Brasov, Romania, “Medical Malpractice in the United States”, October, 1998; Seminar: Louisville Bar Association, Louisville, Kentucky, “Winning Strategies in the Trial of a High Damage Medical Malpractice Case”, December, 1994; Seminar: Fayette County Medical Association, Lexington, Kentucky, “Managing Risks: What You Don’t Know Can Hurt You”, June, 1994; Defense Research Institute Medical Malpractice Seminar, Washington, D.C., “Ex Parte Conferences, An Update”, May, 1991; Defense Research Institute Medical Malpractice Seminar, Atlanta, Georgia, “Ex Parte Conference and Ostensible Agency”, March, 1989; Seminar: Western Kentucky Nurse’s Associa­tion, Paducah, Kentucky, “Legal Effect of Medical Records”, September, 1987.

Trial & Professional Board Results

October 8, 2018

Donald Brown successfully defended an Oldham County physical therapist and his practice group against allegations of malpractice.  The Plaintiff claimed he sustained a burn during the course of [...]

April 27, 2018

Donald Brown and Michael Daily successfully defended a Louisville-based pediatric surgeon against allegations of medical negligence stemming from the performance of a chest wall resection in [...]

January 29, 2018

Donald Brown and Michael Dailey successfully defended a Lexington based OB/GYN in a week-long trial. The Plaintiff claimed that the Defendant was negligent in conducting a bilateral [...]

July 21, 2015

Don Brown and Mark Hammond successfully defended a London, KY based cardiologist in a six day trial in Laurel County Circuit Court. The Plaintiff claimed that in May 2008 the Defendant [...]

November 21, 2014

Donald Brown and Michael Dailey successfully defended a well-respected Louisville, KY pediatric surgeon in a three week trial in the Jefferson Circuit Court.  The Plaintiff claimed that the [...]

April 2, 2014

Donald Brown and Michael Dailey successfully defended a urologic surgeon against allegations of medical malpractice in Jefferson Circuit Court. Plaintiffs alleged that the Defendant improperly [...]

September 11, 2013

O’Bryan, Brown and Toner successfully defended a Louisville, KY based engineering firm in a trial in Jefferson County Circuit Court.  The engineering firm was accused of breaching a [...]

August 22, 2013

Donald Brown and Michael Dailey successfully defended a highly respected pediatric surgeon against allegations of medical malpractice in Jefferson Circuit Court.  Plaintiffs alleged that the [...]

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