Elizabeth Pharr McCullough

Elizabeth P. McCullough

Ph • 919.594.6703 EXT. 300
elizabeth@walkerallenlaw.com
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Education

  • J.D., Wake Forest University School of Law, 1999
  • B.A. with Honors, Davidson College, 1996

 

Admissions

  • North Carolina, 2004
  • Virginia, 1999
  • U.S. District Courts for North Carolina
  • U.S. District Courts for Virginia
  • U.S. Court of Appeals for the 4th Circuit
  • U.S. Supreme Court

 

 

Elizabeth advises and defends health care providers in matters involving patient care issues and risk management issues. She has successfully handled numerous medical malpractice cases and has taken many of them to trial. She has obtained numerous defense verdicts in cases of alleged medical malpractice, a few of which are summarized under “Milestones”. Many of these cases involved catastrophic injury or death.  Elizabeth also represents clients before the North Carolina Medical Board, the North Carolina Board of Nursing, the North Carolina Board of Pharmacy, the North Carolina Board of Physical Therapy, and the North Carolina Board of Social Work Certification and Licensure.  As the daughter of a retired ENT physician, Elizabeth knows first-hand that it is never “just a case”.

Elizabeth also represents clients in federal court in Section 1983 civil rights litigation involving medical providers, working closely with the North Carolina Attorney General’s office in the defense of those claims. She has successfully handled appeals in the North Carolina Court of Appeals, North Carolina Supreme Court, Virginia Supreme Court, United States Court of Appeals for the Fourth Circuit and the United States Supreme Court.

In addition to representing clients involved in adversarial proceedings, Elizabeth educates clients and advises them in matters pertaining to HIPAA, HITECH and other security issues. Elizabeth represents providers in medical billing audits and recoupment procedures and pathology laboratories with waste management claims.

Elizabeth is the first female equity partner at Walker Allen. She joined Walker Allen in 2021 after practicing for 16 years as a shareholder and serving as the first female member of Young Moore’s practice management committee. She previously practiced in Richmond, Virginia with LeClair Ryan, P.C. in the medical malpractice/tort defense group. She is a Fellow of the Litigation Counsel of America™ and holds an AV rating from Martindale-Hubbell.

 

Practice Areas

 

Education & Bar Admissions

  • J.D., Wake Forest University School of Law, 1999
  • B.A. with Honors, Davidson College, 1996

 

Admitted in

  • North Carolina, 2004
  • Virginia, 1999
  • U.S. District Courts for North Carolina
  • U.S. District Courts for Virginia
  • U.S. Court of Appeals for the 4th Circuit
  • U.S. Supreme Court

 

Awards & Achievements

  • Senior Fellow, Litigation Counsel of America™, an invitation-only national trial lawyer honor society, recognizing effectiveness and accomplishment in trial work along with superior ethical reputation.
  • Listed in North Carolina Super Lawyers® 2009-2014 in the Rising Stars list, a category for attorneys age 40 and younger, consisting of no more than 2.5% of North Carolina Attorneys.
  • Listed in North Carolina Super Lawyers® 2020, 2021 for Insurance Defense and Litigation.
  • Listed in Best Lawyers in America® 2020 – 2023 for Insurance Law and Litigation – Health Care
  • Listed in the "Young Guns" category, Business North Carolina's Legal Elite™, 2009. Selection for this distinction is based on ballots sent to every licensed lawyer in N.C.
  • Matters listed in Virginia Lawyer’s Weekly top ten “Biggest Defense Verdicts”
  • WFU School of Law National Trial Team, 1997-98, 1999 regional champion

 

Professional & Civic Activity

  • North Carolina Association of Defense Attorneys
  • North Carolina Bar Association
  • Wake County Bar Association
  • Tenth Judicial District Bar
  • Active Member of the North Carolina Medical Group Managers Association
  • Member, Peace Presbyterian Church
  • Member, Trial Law Institute” AND “Member, Diversity Law Institute

 

Publications & Presentations

  • YOU’VE BEEN SUBPOENAED! A Checklist for Responding to Attorney-Issued Medical Record Subpoenas Without Violating HIPAA
  • The Medical Board is Conducting an Investigation. What Should You Do?
  • Presenter, "HIPAA and HITECH: Who cares?" to multiple offices of a large ENT practice, 2014
  • Presenter, "HIPAA and HITECH: Who cares?" to large multi-county pediatric practice, 2013
  • Presenter, “Raising the Bar on Health Care from Behind Bars” at the North Carolina Justice Symposium and at the North Carolina Division of Prison Health Services Medical Leadership meetings, 2011.
  • Course Presenter, Autumn Care Conference, 2006.
  • Course Presenter, “Informed Consent,” Professional Advocates Insurance Company.

 

News & Events

  • McCullough exhibits at North Carolina Medical Group Management Association Exposition, May 2016
  • McCullough presents at NC Correctional Association Annual Healthcare Conference, October 2015
  •  McCullough exhibits at North Carolina Medical Group Management Association Leadership Summit, September 2015
  • McCullough exhibits at North Carolina Medical Group Management Association Exposition, June 2015
  •  McCullough presents to the North Carolina Association of Long Term Care Facilities (NCALTCF), March 2015
  • McCullough presents "HIPAA and HITECH: Who Cares?" April 2014

 

Milestones

  • Summary Judgment and public official immunity granted to physician as an employee of North Carolina Department of Public Safety.
  • Defense verdict for general surgeon who was alleged to have improperly cut biliary anatomy during gallbladder surgery.
  • Defense verdict for orthopedic spinal surgeons who were alleged to have caused permanent nerve injury as the result of a misplaced pedicle screw during a spinal procedure.
  • Defense verdict for an anesthesiologist who was alleged to have improperly administered medications resulting in the death of the patient.
  • Defense verdict for orthopedic shoulder specialists in a case involving a vascular injury during rotator cuff surgery.
  • Defense verdict for a general surgeon who was alleged to have failed to diagnose a pulmonary embolism resulting the death of a 35-year-old patient following hernia surgery.
  • Defense verdict for an anesthesiologist in a case involving blindness in one eye following use of a horseshoe headrest during spinal surgery.
  • Directed verdict/summary judgment granted numerous medical negligence cases during trial.
  • Summary judgment granted in more than 100 Section 1983 civil rights claims against health care providers.