Christopher L. Smith

Bryan Carney

Senior Associate
Client Relations

Bryan Carney has provided counsel for the healthcare industry for over 15 years. He has defended health care facilities, corporate officers and health care providers in large complex litigation from a wide array of claims such as elder abuse/neglect, professional negligence, unfair business practices, wrongful death, statutory violations, battery and fraud. He is experienced in management of “catastrophic” medical malpractice litigation, being responsible for the complete management of files from initial case evaluation through to case resolution. While working in the Kaiser Permanente Legal Department, Mr. Carney independently managed all of Kaiser's professional liability litigation (elder abuse and medical malpractice) in the Colorado region (Kaiser's third largest region in the nation) and catastrophic injury cases in the Southern California region.

Mr. Carney is particularly experienced in all matters relating to arbitration and he has extensive experience with petitions and motions to compel litigation out of the Superior Court and into binding judicial arbitration. Mr. Carney successfully defended a trial court's Order compelling a matter into arbitration. The plaintiff filed a Petition for Writ of Mandate with the Court of Appeal and the Appellate Court requested that Mr. Carney's client (a skilled nursing facility) file an Opposition, which is a very uncommon request from the Court of Appeal. At issue in the plaintiff's petition was whether or not the defendant's arbitration agreement (and California case law) governed a cause of action for “wrongful death by elder abuse”. Mr. Carney's Opposition explained to the Court of Appeal that no such cause of action exists under California statutory or decisional law. Soon after Mr. Carney's Opposition was filed, the Court of Appeal summarily denied the plaintiff's Writ petition and affirmed the trial court's order to compel arbitration. (California Court of Appeal Case Number B288295, Petition Denied June 14, 2018.)

Mr. Carney holds an AV-Preeminent rating from his peers, in both legal ethics and knowledge in the area of health care litigation. He is also experienced in advising clients on standard of care issues pertaining to acute care facilities, assisted living facilities, residential care facilities and skilled nursing facilities.

Education

Juris Doctor, Univ of San Diego School of Law, CA, 1998
Univ of California Santa Cruz, CA, B.A. Double Major: Politics and Legal Studies, graduated with honors in both majors, 1994

Admission to Practice

All courts for the State of California, 1999
United States District Court, Central District of California, (2002)

Professional Organizations

Member, State Bar of California, 1999, Current
Member, Southern California Association for Healthcare Risk Management (2018)
Member, Defense Research Institute (2003)
Member, Los Angeles County Bar Association (2002)
Member, San Diego Barrister's Society (2001)
Member, Claims and Litigation Management Alliance

Published Opinions

Benun v. Superior Court, (2004) 123 Cal. App.4th 113;
Country Villa v. Superior Court, (2004) 120 Cal. App. 4th 426;
“Crossing the Line; Litigation of elder abuse claims hinges on the distinction between professional negligence and actual abuse” — LA Lawyer Magazine(page 42)