Kathleen M. McCauley

Kathleen McCauley concentrates her practice in complex litigation, including the defense of medical malpractice actions, provider, hospital and academic medicine liability, risk management concerns, and employment matters.

Kate represents physicians, nurses, and other licensed health care providers, hospitals, academic medical centers, housestaff and attendings, and longterm care providers in medical negligence actions. Her practice includes healthcare and hospital risk management and administrative matters, including representation before the Commonwealth of Virginia’s health regulatory boards, and administrative proceedings and appeals before the VDSS, VDHG, and DMAS.  She regularly counsels clients on a variety of insurance, risk management, and quality assurance matters and is called upon to assist with complex issues surrounding discharge planning, disclosure meetings, and clinical ethics. She has authored and is a national speaker on the legal issues surrounding general surgery, bariatric surgery, pediatrics, EHR, social media, telehealth, ACO liability, and general healthcare risk management.

In addition to her healthcare practice, Kate defends employers in employment related disputes, including claims of discrimination, harassment, breach of contract, employment torts including defamation, negligence in hiring and supervision, non-competition, confidentiality and trade secret disputes, wage and hour claims, and wrongful discharge. Her practice includes human resource risk management, and she regularly assists clients with internal management issues related to recruitment, employment agreements, employee counseling and separation, and covenants restricting competition. She lectures on the legal pitfalls associated with social media in the workplace, hostile work environment, workplace bullying and general HR risk management, with an emphasis in the healthcare sector.

Kate has been recognized by legal peers for her knowledge, skills, and professionalism. She was the recipient of the VTLA-VADA Civility and Professionalism award for 2020, is listed in The Best Lawyers in America® for medical malpractice defense, was named Best Lawyer’s 2019 and 2023 Richmond Lawyer of the Year in that practice area, and is a member of the Boyd-Graves conference. She is a Fellow, International Academy of Trial Lawyers (IATL), a Fellow, Litigation Counsel of America (LCA) and a Fellow, American College of Trial Lawyers. Kate has been named one of the Virginia Business “Legal Elite” in healthcare law and as a Virginia Super Lawyer in medical malpractice defense. In the last eight years, she was named to the lists of Top 100 Virginia Super Lawyers, Top 50 Richmond Super Lawyers, and Top 50 Women Virginia Super Lawyers. Virginia Lawyers Media named Kate one of their 2013 Influential Women of Virginia and one of their 2015 Leaders in the Law. In 2021, Kate was named a “Go to Lawyer” for Medical Malpractice by Virginia Lawyers Weekly and was selected to be a member of the Irish Legal 100.

In addition to practicing law, Kate contributes heartily to educational and community endeavors. She was an adjunct professor at the University of Richmond School of Law for 19 years, where she taught trial skills, and is a faculty member of the Virginia State Bar Harry L. Carrico Professionalism Course.  Kate was appointed by the governor to the Virginia Interagency Coordinating Council, which provides oversight to all early intervention programs in the commonwealth, and was a member of the Virginia NICU EI Collaborative Council.  She was pro bono general counsel and board member to the Arc of Virginia, and currently serves on the boards of The Virginia Home, Commonwealth Catholic Charities, and St. Edward-Epiphany Catholic School.