Frederick M. Cummings is a Member of Jennings Strouss & Salmon

Frederick M. Cummings Member

P: 602.262.5903
F: 602.495.2974
L: Phoenix

Mr. Cummings has extensive trial experience in the areas of health care, medical malpractice and medical products liability defense litigation. He also has significant experience in all aspects of complex litigation and is an experienced arbitrator and mediator.

In his health care/medical malpractice defense practice, Mr. Cummings has represented Arizona hospitals and more than 600 physicians and dentists in malpractice suits before federal and state courts and in disciplinary and licensing proceedings before the state licensing boards. He also has defended lawsuits on behalf of a number of major Arizona hospitals, and has defended medical products manufacturers, distributors and retailers against products liability claims.

Mr. Cummings has a Martindale-Hubbell AV rating® and is listed in The Best Lawyers in America® 2007-2014, published by Woodward/White, Inc. in the categories of Medical Malpractice Law, Personal Injury Litigation and Professional Malpractice Law. He was recognized by The Phoenix Business Journal as the "Best of the Bar" in the category of litigation and as a "Top Lawyer" by Phoenix Magazine.

Representative Engagements

Health Care / Medical Malpractice / Products Liability

In his health care / medical malpractice defense practice, Mr. Cummings has represented more than 600 physicians and dentists in malpractice suits before federal and state courts and in disciplinary and licensing proceedings before the state licensing boards. He also has defended lawsuits on behalf of a number of major Arizona hospitals, and has defended medical products manufacturers, distributors and retailers against products liability claims.

  • Successfully defended an internist in a wrongful death trial in Pinal County involving allegations of failure to diagnose an enlarged cecum leading to colon rupture and death
  • Obtained a defense verdict on behalf of a radiologist in Pima County accused of improperly performing a cystogram
  • Won at trial defending a Tucson orthopedic surgeon accused of causing reflex sympathetic dystrophy due to alleged malpositioning during the back surgery of a 42 year old anesthesiologist
  • Successfully defended at trial a Cochise County obstetrician accused of negligently providing emergent care to a woman during an amniotic fluid embolism
  • Obtained a defense verdict on behalf of a Phoenix cardiologist alleged to have caused the death of a 68 year old man due to a failed angioplasty
  • Won a Maricopa County trial defending a Mesa cardiologist alleged to have failed to treat cardiovascular disease in a 66 year old man causing his death
  • Successfully defended at trial a national pharmacy services corporation in a wrongful death lawsuit alleging wrongful dispensing of morphine to an elderly long term care patient
  • Obtained a defense verdict on behalf of a Sierra Vista emergency physician in a wrongful death lawsuit claiming failure to diagnose a hemothorax

Articles and Publications


Presentations

  • Speaker, “Voir Dire: What to Expect that the Defense is Expecting,” Arizona Association for Justice/Arizona Trial Lawyers Association’s Fifty Shades of Voir Dire, Embassy Suites – Biltmore (May 17, 2013)

  • Speaker, CNA Risk Management Conference, November 2010, April 2011

  • Speaker, "New Horizons for Managing Risks," Phoenix College (April 2010)

  • Speaker, "Dealing with Difficult and Disruptive Doctors," Arizona Society for Healthcare Risk Management, Francisco Grande Resort, Casa Grande, Arizona (November 14, 2008)

  • Speaker, "Informed Consent, an Ethical Obligation and a Legal Requirement" Psi Omega Pi Behavioral Therapists/Counseling Honor Society at the University of Phoenix (November 1, 2008)
  • Speaker, "New Legal Developments You Should Know to Manage Risks for your Emergency Department," Arizona Society for Healthcare Risk Management Conference, Francisco Grande Resort and Conference Center, Arizona (September 12, 2008)
  • Speaker, "Legal Challenges facing Health Care Practitioners" Mesa Community College (April 24, 2007 and April 15, 2008)
  • Lecturer, Third Annual Quality Assurance/Risk Management Workshop for Clinical Faculty and Staff, Arizona School of Dentistry and Oral Health, A.T. Still University (April 2007)
  • Speaker, "Your Brave New World: Managing Risks in Your New Practice," Arizona School of Dentistry and Oral Health, A.T. Still University, Mesa, Arizona (April 12, 2007)
  • Speaker, “Risk Management - An Attorney’s Perspective,” CNA HealthPro (April 2006, September 2006, March 2006 and September 2007)
  • Speaker, "Drunks, Druggies and Crazies: Coping with Difficult Doctors, Patients, and Co-Workers," Darwin Risk Management Conference, Phoenix, Arizona (September 11, 2007)
  • Speaker, “Defending Yourself Before Licensing Boards and in Malpractice Litigation,” Phoenix College (April 2006)
  • Speaker, “Tort Reform: Past, Present and Future,” Mutual Insurance Company of Arizona (July 2004)

Community Activities

  • Arizona Zoological Society
       Secretary, Executive Committee of Board of Trustees, 2012
       Board of Directors, 2010 - present


Honors, Appointments and Awards

  • AV® PreeminentTM Peer Review Rated

  • Listed, The Best Lawyers in America® (2007-2014)

  • Top Lawyers List, Healthcare, Arizona Business Magazine (2014)

  • Listed, Southwest Super Lawyers (2008-2013) in the categories of Personal Injury Defense: Medical Malpractice; Personal Injury Defense: General, Health Care

  • AB Top Lawyer, Commercial Litigation, Arizona Business Magazine (April 2008)

  • Top Lawyers, Phoenix Magazine (2007)

  • Best of the Bar, The Business Journal (2004)


Media


Professional Affiliations

  • Maricopa County Superior Court
    Judge Pro Tem, 1996-present
  • Litigation Counsel of America
    Fellow, 2007-present
  • American Bar Association
    Litigation Section, Member
    Tort Trial and Insurance Practice Section, Member
  • Maricopa County Bar Association
    Member
  • Defense Research Institute
    Member
  • Arizona Association of Defense Counsel
    Board of Directors, 2001-2005
  • Arizona Board of Dental Examiners
    Committee on Legislation
    Committee on Complain Procedure Reform

Admitted to Practice

  • Arizona, 1986
  • Virginia, 1984, Inactive

Court Admission

  • U.S. District Court, Eastern District of Virginia, 1984
  • U.S. District Court, District of Arizona, 1988
  • U.S. Court of Appeals, Ninth Circuit, 1988
  • U.S. Tax Court, 1993
  • U.S. Court of Claims, 1996

Education

  • J.D., Georgetown University Law Center, 1984
    American Bar Association Section Law Journal, Associate Editor, 1983-1984
  • B.S., Georgetown University, International Relations, 1980
    With Honors
    Alpha Sigma Nu
    Phi Alpha Theta

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