Ashley Brathwaite is a versatile defense litigator. Her diverse practice includes the representation of insurance carriers, healthcare companies and providers, and other large corporate entities whose operations could expose them to significant liability (such as product manufacturers, distributors, and real estate developers involved in asbestos-related litigation). She has extensive experience defending clients in challenging disputes that are filed on the basis of negligence, gross negligence, professional malpractice, product defect, breach of warranty, fraud, and unfair and deceptive trade practices.
Client engagement is central to successful defense litigation, and Ashley is committed to maintaining a high level of communication. She takes the time to truly involve the client and incorporate their goals, concerns, values, and feedback. Ashley manages the relationship transparently so that her clients can see how their interests are being served at every stage of the litigation process. She collaborates with clients so they can provide valuable input to ensure that the legal strategy accounts for business realities.
Ashley came into the law through healthcare work, having worked with the Vice President for Marketing and Public Affairs at the largest hospital system in South Carolina as an undergraduate. She later served as Internal Communications Coordinator after graduation, before attending law school at Campbell University. After law school, Ashley shifted her interest in healthcare to medical issues and, more specifically, medical causation. This focus led her to defense work in medical malpractice and catastrophic injuries, and she brings her extensive background in the healthcare field to the litigation of these cases.
- J.D., CAMPBELL UNIVERSITY
- B.A., FURMAN UNIVERSITY
- North Carolina
- South Carolina
- Eastern District of North Carolina
- Middle District of North Carolina
- Western District of North Carolina
- District of South Carolina
Professional Associations and Memberships
- North Carolina Association of Defense Attorneys
- Executive Vice President (current)
- Treasurer (2018—present)
- Board of Directors (2015—2018)
- Chair of Women Litigator Committee (2014—2015)
- Co-Chair of the Women Litigator Committee (2013—2014)
- Drug and Medical Device Committee; Publications Chair for the Experts/Complex Medicine Substantive Law Group
- Women in the Law Committee; Steering Committee Liaison to the Drug and Medical Device Committee
- North Carolina Society of Healthcare Attorneys
- Co-editor of Prognosis (2009—2012)
- North Carolina Bar Association, Health Law Section
- 10th Judicial Bar
- Bar Candidate Interview Committee (2006—present)
- Board of Directors (2010—2012)
- Wake County Bar Association
- Current Chair; Membership Committee
- Board of Directors (2010—2012)
- North Carolina Supreme Court Historical Society
- Board of Trustees (2012—2017)
- American Bar Association
- Women in Product Liability Committee
- Defending emergency medical providers through a jury trial that resulted in a defense verdict.
- Advising healthcare providers related to investigations initiated by the North Carolina Medical Board, the North Carolina Board of Nursing, and the Centers for Medicare and Medicaid Services.
- Representing distributors of surgical products involved in consumer fraud litigation.
- Defending manufacturers of medical devices, including those used in the fields of urogynecology, orthopedics, and interventional radiology in national litigation.
- Representing the owners and operators of assisted living, skilled nursing, and adult care facilities.
- Defending clients involved in commercial and mass tort litigation in South Carolina.
Ms. Brathwaite began working with the Vice President for Marketing and Public Affairs at the largest hospital system in South Carolina while she was an undergraduate at Furman University. She continued in her role as Internal Communications Coordinator after graduation before deciding to attend law school. While in law school, she received a scholarship that allowed her to complete an internship with the Honorable Judge John M. Tyson on the North Carolina Court of Appeals. Ms. Brathwaite also competed at the regional and then national level as a member of the Campbell Law Moot Court Board and was inducted into the Order of the Barristers.
Ashley presents to clients on a range of risk management and litigation-related issues such as personal injury claim investigation, electronic medical records, and working with local trial courts. She also provides case law updates and presentations on current legal trends to clients, medical groups, and associations. Topics have included:
- Medical malpractice case law
- South Carolina medical negligence
- Electronic discovery issues and HIPAA
- Products liability
- Current trends in asbestos litigation
- Prescription drug and medical device litigation
- Other multi-plaintiff areas of litigation
Awards and Honors
- The Best Lawyers in America®, Litigation-Healthcare (2019-2021)
- Business North Carolina, Legal Elite, Young Guns (2011—2016), Litigation (2016—2017, 2020)
- North Carolina Super Lawyers Magazine, Personal Injury – Medical Malpractice, Personal Injury – Products, Personal Injury – General, Business Litigation (2017—2020)
- “North Carolina Rising Star” (2013—2015)
- AV Preeminent Rated, Martindale-Hubbell
- ELLIS & WINTERS NAMED TO 2021 “BEST LAWYERS IN AMERICA” LIST
- Ashley Brathwaite, Leslie Packer, and Scottie Lee Elected to NCADA Leadership Positions
- Ellis & Winters Attorneys Recognized As 2020 North Carolina Super Lawyers®
- Three “Lawyer of the Year” Recipients and 17 Partners Recognized in The Best Lawyers in America for 2020
- Eighteen Ellis & Winters Attorneys Named to 2019 Best Lawyers® in America List