David Ward

David D. Ward began his litigation career in 1975 and developed valuable trial experience as an Assistant District Attorney in Wake County while honing his trial skills prosecuting criminal cases.  After four years in criminal court, David transferred his law practice to civil court, and for more than 25 years his practice has been exclusively devoted to the defense of medical malpractice actions.

David comes from a medical family.  His father is a general surgeon and both his brother and uncle are internists.  David represents physicians, nurses, large teaching hospitals, small community hospitals, outpatient surgical facilities and other healthcare providers.  David handles cases in both federal and state courts.

David was elected to membership in the American Board of Trial Advocates (ABOTA).  He also maintains an AV rating with Martindale-Hubbell, a peer review rating which recognizes attorneys who have reached high levels of skill and integrity.  He has been listed in the publications “The Best Lawyers in America®” and “North Carolina Super Lawyers®” multiple times in the areas of medical malpractice law and personal injury litigation.

David Ward retired from private practice in May of 2019.

Representative Matters

Cases or matters referenced do not represent the lawyer’s entire record.  Each case is unique and must be evaluated on its own merits.  The outcome of a particular case cannot be predicated upon a lawyer’s or a law firm’s past results.

David has obtained numerous defense verdicts in medical malpractice cases including:

• Defense Verdict – successfully defended two Emergency Department Physicians and an Emergency Department Physician Assistant in a multi-week Medical Malpractice trial in Eastern North Carolina.  Plaintiff’s claims involved allegations regarding failure to diagnose acute chest syndrome, failure to interpret radiological film and failure in the development of policies, all of which the Plaintiff alleged led to the death of her husband.
• Defense Verdict – for an obstetrician in a case involving alleged delay in delivery resulting in child born with significant injuries, including a severe cerebral palsy.  Damages claimed exceeded $25 million
• Defense verdict for an emergency department physician and physician’s assistant who were alleged by plaintiff’s attorney and plaintiff’s experts to have failed to diagnose an obstructed bowel resulting in multiple surgeries and injuries.
• Defense verdict for a trauma surgeon who was alleged by plaintiff’s attorneys and experts to have failed to properly diagnose and treat a bleeding spleen causing the death of a 55 year old patient.
• Defense verdict for a physician’s assistant and emergency medicine physician for allegedly failing to diagnose a small bowel obstruction.
• Defense verdict for an OB/GYN in a shoulder dystocia case.
• Defense verdict for an oncologist who was alleged by plaintiff’s attorney and plaintiff’s experts to have misdiagnosed and caused the death of a 35 year-old male.
• Defense verdict for an OB/GYN who was alleged by plaintiff’s attorney and plaintiff’s experts to have caused the death of a 52 year-old female.
• Defense verdict for an emergency medicine physician who was alleged by plaintiff’s attorney and plaintiff’s experts to have caused the death of a 42 year-old male.
• Defense verdict for an emergency medicine physician who was alleged by plaintiff’s attorney and plaintiff’s experts to have caused the death of a 44 year-old female.
• Defense verdict for an orthopaedic surgeon who was alleged to be negligent by plaintiff’s attorneys and plaintiff’s experts which caused nerve damage during hip surgery.
• Defense verdict for a neurologist who was alleged to have misdiagnosed a neurological condition causing plaintiff permanent injuries.
• Defense verdict for a general surgeon in a case wherein it was alleged he negligently repaired a paraesophageal hernia.
• Defense verdict for an internist who allegedly failed to diagnose cardiovascular disease in a 44 year-old patient.

Articles, Presentations, and Publications

• David is a frequent speaker at physician and hospital group meetings including medical society meetings on various medical malpractice issues.