Significant Appellate Cases
- Obtained determination by the Nebraska Supreme Court, as a matter of first impression, that the law of informed consent in Nebraska does not require that consent be written.
- Obtained determination by the Nebraska Supreme Court that Nebraska would not recognize the loss-of-chance doctrine in medical malpractice cases.
- Obtained verdict in favor of obstetrician/gynecologist and physician assistant in case alleging failure to diagnose breast cancer.
- Obtained verdict in favor of orthopedic surgeon in case alleging failure to diagnose infection following rotator cuff repair resulting in severe damage to shoulder joint and need for total joint replacement.
- Briefed and argued successful defense in a federal constitutional challenge to Nebraska’s cap on medical malpractice damages.
- Obtained reversal of $900,000 verdict against hospital and physician due to erroneous exclusion of expert testimony.
- Obtained affirmance of a trial court’s decision to exclude an ex parte autopsy conducted by Plaintiff’s expert.
- Obtained reversal of order granting new trial to Plaintiff in action against physician for breach of confidentiality and tortious interference with a business expectancy.
- Obtained affirmance of a trial court’s decision to exclude evidence from medical textbooks.
- Obtained verdict in favor of psychiatrist in case arising out of the prescription of anti-psychotic medication.
- Obtained verdict in favor of law firm in legal malpractice case arising out of franchising law in which claimed damages exceeded $25 million.
- Obtained verdict in favor of two orthopedic surgeons in case arising out of treatment of ankle fracture in 15 year old patient that nearly resulted in amputation.
- Obtained verdict in favor of surgeon in case arising out of common bile duct injury during laparoscopic cholecystectomy.
- Obtained verdict in favor of obstetrician/gynecologist in case arising out of ureteral injury during hysterectomy.
- Obtained verdict in favor of emergency room physician in case arising out of death of young girl due to asthma attack.
Mr. Settles obtained his undergraduate degree in Biology/Pre-Medicine from the University of Nebraska-Lincoln. Mr. Settles received his law degree from Notre Dame Law School.
Admitted to Bar and Courts
United States District Court for the District of Nebraska
United States Court of Appeals for the Eighth Circuit
United States Supreme Court
Mr. Settles is a member of the Omaha Bar Association, the Nebraska State Bar Association, the American Bar Association, Nebraska Defense Counsel Association, and Defense Research Institute.
Award for Excellence in Medical Malpractice Law, Lawyers of Distinction®, 2019
Elected to American Board of Trial Advocates (ABOTA), 2013
Best Lawyers® 2016 Medical Malpractice Law-Defendants “Lawyer of the Year” for Omaha
Rated AV Preeminent™ by Martindale Hubbell® (highest possible peer review rating in legal ability and ethical standards), 2001-present
Lifetime Achievement Award, America’s Top 100 Attorneys®
Best Lawyers® 2015 – 2020 Medical Malpractice Law-Defendants
Best Lawyers® 2016 – 2020 Professional Malpractice Law-Defendants
Best Lawyers® 2016 – 2020 Legal Malpractice Law-Defendants