William A. Miller

With more than 30 years of experience, William A. Miller has represented health care providers and national health care entities in various legal matters.

He has gained recognition for his accomplishments, including securing jury verdicts, arbitration awards and significant settlements in complex health care cases. One notable case in which he served as lead counsel within the past two years involved claims of wrongful death resulting from complications during cosmetic surgery. Espinoza v. Carlos Chacon, MD et al. 37-2019-00058375-CU-MM-CTL (S.D. Sup. Ct., filed Oct. 21, 2019).

Miller represented an anesthesiologist who was sued despite being on paternity leave and not directly involved in the surgical procedure. The case involved the application of good Samaritan statutes and the court ultimately ruled in favor of Miller’s client. The case also raised potential criminal liability issues for the surgeon and other health care providers, with criminal charges being filed by the San Diego District Attorney’s office.

“Opposing counsel (two separate firms) were well-experienced, talented, included an attorney with a MD/JD, and pursued every avenue to attempt to claim liability on behalf of our client who was on paternity leave at the time of receiving a call from the patient’s treating physician,” Miller said in an email. “Although there were other defenses that existed had the matter proceeded to trial, we were able to successfully obtain summary judgment under the provisions of a particular Good Samaritan statute, despite extensive efforts by plaintiff to contend the statute should not apply, or additional bases allegedly existed to purportedly impose liability upon our client.”

In his legal practice, Miller has faced significant challenges, particularly in high-profile health care and professional liability cases. These challenges include navigating successful representation in a media-rich environment where plaintiff’s counsel seeks media attention.

According to Miller, there are several trends in the health care field that need to be addressed. “With the recent statutory revisions to the California MICRA statutes, and inclusive limitations on noneconomic damages, I foresee extensive future appellate challenges on the interpretation and limitations of the newly revised statutes,” said Miller.

“California continues to bar the corporate practice of medicine, but it appears the edges of limitations are constantly now being probed for exceptions,” he continued. “I additionally anticipate the great need for revisions to the Administrative Practices Act and disciplinary actions taken by the Medical Board of California, Board of Registered Nursing and similar health care licensing agencies.”

Outside of his legal practice, Miller is actively involved in the San Diego legal community. He serves on the Board of Directors for the San Diego Inn of Court and is a member of various legal associations, including the Association of Business Trial Lawyers, Lawyers Club of San Diego, California Academy of Attorneys for Health Care Professionals, and The American Inns of Court (William Enright Chapter).