Attorney - Terrell W.  Benton, III


Terrell W. Benton, III
HBS Atlanta Office

P: 404-954-6958
F: 404-954-5020
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A native of Athens, Georgia, Mr. Benton is a member of the General Liability, Professional Malpractice and Ethics and Professional Negligence / Medical Malpractice  practice groups. His primary area of practice is representing physicians, hospitals, and other healthcare workers in medical malpractice lawsuits. He also has extensive experience in handling premises liability, toxic torts, malicious prosecution, trucking and automobile liability cases; he has tried several cases throughout the state in these areas. In addition, Mr. Benton has also has represented physicians before the State Composite Medical Board and the State Dental Board.

Mr. Benton is very active in the community. He has been a volunteer for the past several years for the Truancy Intervention Project. He has represented numerous children in juvenile court on truancy related matters. He is now serving on the Advisory Board for the Metro Atlanta Salvation Army. He has also served as a volunteer for Habitat for Humanity, has been active in Peachtree Road United Methodist Church, and coaching in various youth sports programs in Atlanta.

Mr. Benton began his legal career as a law clerk to Honorable Kenneth Kilpatrick in the Superior Court of Clayton County where he was responsible for drafting orders on all motions before the Court. He was an associate at another law firm in Atlanta prior to joining Hall Booth Smith in 2000. He became a partner in 2004.

He is married to Mary T. Benton and they have two sons: Will and Marshall.

Practice Areas

Professional Malpractice and Ethics

Mr. Benton's practice includes representation of attorneys in legal malpractice claims ranging from real estate issues to fraud to general legal matters.


Southern Methodist University, B.A., Political Science, 1992
University of Oklahoma College of Law, 1995, J.D.


1995 State of Georgia
United States District Court, Northern District of Georgia
United States District Court, Middle District of Georgia


American Bar Association
Atlanta Bar Association
Lawyers Club of Atlanta
Georgia Defense Lawyers Association
Defense Research Institute


Update of Georgia Law on General Liability, 2002, and Atlanta Claims Convention, 2003

Hospital Liability for Doctors Practicing as Independent Contractors, 2002, For the Record, Hall, Booth, Smith

Recent Developments in Medical Malpractice, Hall, Booth, Smith Healthcare Law Seminar, 2002

Court of Appeals Adopt, Continuing Treatment Doctrine in Appropriate Medical Malpractice Case Including Alleged Misdiagnosis, 2001, For the Record, Hall, Booth, Smith


The Atlanta Claims Association. Situational Ethics: Ethics and Professionalism at Alternative Disupte Resolution and Trial.

The Medical Protective Company CME for Dentists and Physicians, How to Avoid Malpractice Lawsuits, 2003, 2004, Atlanta, Georgia


Georgia ICLE; Defense of a Personal Injury Case, 2011, 2012, 2013, 2014, 2015, 2016, 2018

Update of Medical Malpractice Case Law, 2008

ICLE Medical Malpractice Seminar, November, 2008

Jury Trials CLE, State Bar of Georgia, May, 2007, Atlanta

Medical Protective Physician's Group, How to Avoid a Lawsuit?, October, 2007, Atlanta

Speaker, Defense of a Personal Injury Claim: Update on Tort Reform in Georgia, October 29, 2009

Speaker, Medical Malpractice Seminar: Update on Case Law, 2009.

Update on Medical Malpractice Law: Recent Cases and Their Impact on the Defense, Annual North Georgia Seminar, November, 2004.


Super Lawyer Rising Star 2009, 2010, 2013

Atlanta Business Chronicle's "Top 40 Under 40", 2009

AV® Preeminent™ Peer Review Rated by Martindale-Hubbell


Successfully obtained summary judgment at trial court level and affirmed by the Court of Appeals in a Dram Shop case involving paralyzed plaintiff.
Successfully defended a summary judgment order for intensivist involving standard of care and withdrawal of care issues.