David Cohen
Partner
Arizona
David Cohen maintains an active litigation practice and alternative dispute resolution practice.
In his litigation practice, David represents every type of healthcare provider. He successfully represents and defends these clients in matters involving alleged medical malpractice, violations of the Adult Protective Services Act, and wrongful death. He also represents healthcare providers in matters pending before administrative licensing boards. In addition to representing healthcare providers, David represents individual and institutional clients in personal injury and wrongful death cases.
In his alternative dispute resolution practice, David focuses on mediating tort claims, including those involving medical malpractice, elder abuse, wrongful death, and personal injury. His more than 30 years of experience as an active practitioner has afforded him a unique perspective. David was recently accepted to the National Academy of Distinguished Neutrals, and his calendar to schedule mediations can be accessed through this link: https://www.nadn.org/david-cohen
Highly regarded in the Arizona long-term care industry, David has successfully served as an expert witness for the industry in the passage of several tort reform bills. These bills have positively impacted all Arizona healthcare providers by reducing the statute of limitations from seven years to two years, eliminating the attorneys’ fees provision in cases filed under the Adult Protection Services Act, and normalizing punitive damages.
Professional Associations & Memberships
- State Bar of Arizona, Member
- Maricopa County Superior Court, Judge Pro Tempore
- Arizona Association of Defense Counsel, Member
- Defense Research Institute, Member
- Arizona Health Care Association, Public Policy Committee, 2008-Present
- National Academy of Distinguished Neutrals, Member
Civic & Community Associations
- Chemo Companions, Board of Directors, 2023-Present
- Arizonans for Children, Board of Directors, 2022-Present
- The Lost Boys Center for Leadership Development, Board of Directors, 2021-Present
- Trial Advocacy Program at Sandra Day O’Connor College of Law at Arizona State University, Volunteer Mentor
- Generation Justice, Advisory Board of Directors, Vice President, 2018-2020; President, 2020-2022
- Arizona Legal Center, Volunteer Attorney, 2016-Present
Professional Recognition & Awards
- Listed, Best Lawyers in America®, Medical Malpractice Law – Defendants, 2018-2024
- Listed, Southwest Super Lawyers
- Listed, Arizona’s Finest Lawyers, 2011-Present
- AV® Preeminent™ Rated on Martindale Hubbell, 2006-Present
Presentations & Publications
- “Top Ten Mediation Tips,” Presenter, Arizona Attorney General’s Office, 2024
- “The Top Ten Tips for Medical Malpractice Mediations,” Presenter, State Bar of Arizona Convention, 2023
- Panelist, Maricopa County Bar Association, 2022 Mediation Institute, May 2022
- “Legal Issues in a COVID-19 World,” Panelist, Arizona Health Care Association Convention, June 2021
- “Sink or Swim: Navigating the Legal Waters in Long-Term Care,” Co-Presenter, Arizona Health Care Association Convention, June 2020
- “More than 100 in long-term care facilities have now died of COVID-19. Here’s why it keeps happening, quote source, Arizona Republic, May 2020
- “Governor’s Good Samaritan order makes it harder for families to sue nursing homes over COVID-19, experts say,” quote source, Arizona Republic, April 2020
- “Tips for Avoiding the Chair: A Mock Deposition,” Co-Presenter, Arizona Leading Age Annual Conference, May 2019
- “Mediation From A Legal Nurse Consultant Perspective,” Co-Presenter, American Association of Legal Nurse Consultants, Phoenix Chapter, November 2018
- “The Role of Nursing Home Executives in Nursing Home Litigation,” Presenter, 2019 Arizona Health Care Association Executive Leadership Program, November 2018
- “Are Nursing Homes At An Increased Risk for Punitive Damages in Arizona?” Author, Arizona Health Care Association Directory, August 2018
- “Newman v. Select Specialty Hospital: A Game Changer,” Co-Presenter, Arizona Leading Age Annual Conference & Expo, June 2017
- Moderator, Arizona Health Care Association’s Strive for 5 Forum: Legal Game Changers, February 2017
- “Overview of the Litigation Landscape in Arizona,” Presenter, Arizona Health Care Association’s Strive for 5 Forum: All Things Legal, April 2016
- “15 Attorneys Share Their Expert Witness Horror Stories,” Contributor, The Expert Institute, January 2016
- “Scottsdale Wound Management Guide,” Contributing Author, Wound Assessment: Documentation, 2015
- “Question and Answer With Leading Arizona Nursing Home Attorneys,” Presenter, Arizona Health Care Association Annual Conference, August 2015
- “Just in Case there is a Case: A Mock Deposition,” Co-Presenter, Arizona Health Care Association 2014 Spring Leadership Conference, April 2014
- “Rapid Fire Drill – AZ Case Law Updates,” Presenter, JSH Seminar, October 2013
- “Medical Documentation From the Perspective of the Law,” Co-Presenter, Rehabilitation Integrated Networking Group, October 2013
- “Medical Documentation,” Presenter, Southwest Risk Services’ Best Practices Roundtable, May 2013
- “Clinical Documentation: Legal and Ethical Obligations and Implications,” Co-Presenter, Southwest Behavioral Health, March 2013
- “Medical Malpractice Issues in Telemedicine,” Presenter, Professional Liability Underwriting Society (PLUS) Southwest Chapter Conference, May 2012
- “Keeping it Legal…Hot Topics on the Horizon,” Presenter, Arizona Health Care Association’s Annual Conference, April 2011
- “In your Defense…Ask An Attorney,” Presenter, Arizona Health Care Association Annual Conference, 2010
- “Inside the Minds: Elder Law Health Care Strategies,” Co-Author, Boston: Aspatore Books, 2008
- “Ask an Attorney: A Forum on Law and Long Term Care,” Presenter, Arizona Health Care Association Annual Conference, 2008
- “Nursing Home Litigation: Past, Present and Future,” Presenter, Arizona Health Care Association Annual Conference, 2007
- “Nursing Home Litigation: Getting It From All Sides,” Author, JSH Reporter, 2007
- “Medical/Legal Issues in Geriatrics,” Presenter, Arizona Geriatrics Society Annual Symposium, 2006
- “The Long Term Care Profession Under Attack in Arizona,” Presenter, Arizona Health Care Association Annual Conference, 2005
- “Nursing Home Litigation,” Presenter, Arizona Chamber of Commerce Health Care Summit, 2004
- “Nursing Home Litigation,” Presenter, National Business Institute Continuing Legal Education Seminar, 2003
- “Arizona’s Elder Abuse Statute,” Presenter, MICA, 2000
- “Medical Malpractice and Elder Abuse Claims: Can They Coexist?” Author, International Association of Defense Counsel Newsletter, 2000
Education
Pepperdine University School of Law, Straus Institute for Dispute Resolution, 2015
Arizona State University, Sandra Day O’Connor College of Law, J.D., 1994
University of Arizona B.S., Business Administration, magna cum laude, 1990
Admissions
Arizona, 1996
U.S. District Court, District of Arizona, 1997