Timothy Smith


Timothy Smith’s practice is focused on the defense of complex medical malpractice cases. Prior to joining G&S, he was a partner with other prominent medical malpractice and general liability defense firms where he successfully represented hospitals and physicians throughout New York State in cases involving various medical specialties including obstetrics, oncology, cardio-thoracic surgery, ophthalmology, gastroenterology, colorectal surgery, radiology, cosmetic surgery and pathology. He also has experience defending class action and mass tort cases.  Tim has obtained multiple defense verdicts and successful summary judgment and appellate determinations.

Tim graduated from the State University of New York at Albany in 1991 then received his law degree from St. John’s University School of Law in 1995.  After graduating he worked for the federal government in the Social Security Administration – Office of Hearings and Appeals and then as in-house counsel for a national insurance carrier.

Some of his representative cases are:

 Reid v. Neurosurgeon, et al., 138 A.D.3d 109 (2nd Dep’t 2016) (successfully compelled discovery of YouTube video compilation of decedent from non-party family members)

Perez v. Primary Care Physician, et al., 107 A.D.3d 565, 968 N.Y.S.2d 37 (1st Dep’t  2013), lv. denied 22 N.Y.3d 862, 2014 WL 593204 (2014)(successful appeal establishing primary care provider’s ability to rely on specialists in hospital setting)

Campone v. Panos, et al., 142 A.D.3d 1126 (2nd Dep’t 2016);   Plain v. Vassar Bros. Hospital, et al., 115 A.D.3d 922 (2nd Dep’t  2014)  (successful dismissal of time-barred claims despite allegations of fraud)

Bernstein v. OB/Gyn et al., 77 A.D.3d 241 (2nd Dep’t 2010) (successful enforcement of forum selection clause in contract for non-signatory physician)

Ganzy v. Allen Christian School, 995 F. Supp. 340 (E.D.N.Y. 1998) (1st Amendment rights vs. Title VII claims).