David A. Lipkin | Associate

David A. Lipkin was born in Queens, New York, and has lived in South Florida since 1987. He earned his Bachelor of Science degree in Business Administration the State University of New York at Brockport in 1985. In 1992, he earned his Juris Doctor degree with honors from Nova University Shepherd Broad Law Center. While attending law school, he served as a senior staff member for the School's Law Review, actively participated in the School's Moot Court Society, earned the Award for Academic Excellence: Federal Constitutional Law 1990, the Award for Academic Excellence: Florida Constitutional Law 1991, the Award for Academic Excellence: Professional Responsibility 1991, and a research fellowship. Upon graduating from law school in 1992, Mr. Lipkin joined a large South Florida medical malpractice defense firm, where he became experienced in defending numerous medical providers in all varieties of medical malpractice actions.

Mr. Lipkin joined the Firm as an associate in 1997 and became a partner in 2001. He concentrates his practice in the defense of managed care organizations, healthcare providers, and numerous physicians in all types of medical malpractice lawsuits, as well as general liability insurance defense. He is highly experienced in all areas of managed care liability defense, and has handled numerous multi-million dollar claims against almost all health plans in the State of Florida. His practice includes defense of medical malpractice claims against managed care entities premised on theories of vicarious liability for contracted physicians and direct liability for employed physicians. Mr. Lipkin also frequently defends claims alleging a failure by health plan nurses responsible for utilization management and quality review, and plan medical directors to properly monitor and intervene in care as needed, as well as defending claims the health plan improperly credentialed physicians. In addition, he defends contractual and extra-contractual claims against managed care organizations alleging a failure to provide benefits and care, including extra-contractual claims for fraud, intentional infliction of emotional distress and breach of fiduciary duty, defends ERISA governed health plans, as well as plans governed by the Medicare Act and individual health plans throughout the state, even before the commencement of suit, through trial.

Mr. Lipkin also handles all areas of general liability defense, including premises liability, insurance coverage and product liability. He counsels health plans on risk avoidance and strategies for successful reduction of litigation exposure.

In addition to obtaining successful dismissals and defense partial summary judgments in state and federal court, Mr. Lipkin’s notable results also include obtaining dismissal of administrative actions against HMO medical directors regarding medical necessity decisions, successfully persuading the Agency for Healthcare Administration on multiple occasions that it’s investigation of plan medical directors should be dismissed, and successfully arguing that medical necessity decisions do not constitute treatment and should not be subject to AHCA review.

Mr. Lipkin is admitted to the Florida Bar and is a member of the Health Law and Trial Lawyers Sections. He is also admitted to the U.S. District Court for the Southern District of Florida and the U.S. District Court for the Middle District of Florida. Mr. Lipkin is married with three daughters. He coaches his daughters' soccer teams, serves as a Weston Office of Educator committee member, enjoys reading and is an avid golfer.