Profession

Court upholds sanctions on attorney

NEWS IN BRIEF — Posted Oct. 24, 2005

Print  |   Email  |   Respond  |   Reprints  |   Like Facebook  |   Share Twitter  |   Tweet Linkedin

An Ohio appellate court in September upheld a trial court ruling that an attorney should be sanctioned for introducing a frivolous lawsuit.

In a 3-0 decision, the Ohio Court of Appeals Fifth Appellate District in Stark County said the trial court had the jurisdiction to address the motion seeking sanctions, and it correctly imposed them on one attorney.

The case relates to a medical liability lawsuit filed against several Ohio physicians, including gastroenterologist Zev Randy Maycon, MD. A medical expert for the plaintiff did not criticize Dr. Maycon's care. But the plaintiff's attorney, Catherine C. Little, refused to drop Dr. Maycon from the lawsuit, according to the physician's claim against her.

A judge ordered Little to pay Dr. Maycon $6,000, representing the time Dr. Maycon spent preparing for and attending depositions as well as his time preparing for trial. Although Little argued that medical expert testimony was not required to retain Dr. Maycon as a defendant, the appellate court ruled that the physician's role in the case was "not within the common knowledge of jurors," making medical expert witness testimony necessary.

Note: This item originally appeared at http://www.ama-assn.org/amednews/2005/10/24/prbf1024.htm.

Back to top


ADVERTISEMENT

ADVERTISE HERE


Featured
Read story

Confronting bias against obese patients

Medical educators are starting to raise awareness about how weight-related stigma can impair patient-physician communication and the treatment of obesity. Read story


Read story

Goodbye

American Medical News is ceasing publication after 55 years of serving physicians by keeping them informed of their rapidly changing profession. Read story


Read story

Policing medical practice employees after work

Doctors can try to regulate staff actions outside the office, but they must watch what they try to stamp out and how they do it. Read story


Read story

Diabetes prevention: Set on a course for lifestyle change

The YMCA's evidence-based program is helping prediabetic patients eat right, get active and lose weight. Read story


Read story

Medicaid's muddled preventive care picture

The health system reform law promises no-cost coverage of a lengthy list of screenings and other prevention services, but some beneficiaries still might miss out. Read story


Read story

How to get tax breaks for your medical practice

Federal, state and local governments offer doctors incentives because practices are recognized as economic engines. But physicians must know how and where to find them. Read story


Read story

Advance pay ACOs: A down payment on Medicare's future

Accountable care organizations that pay doctors up-front bring practice improvements, but it's unclear yet if program actuaries will see a return on investment. Read story


Read story

Physician liability: Your team, your legal risk

When health care team members drop the ball, it's often doctors who end up in court. How can physicians improve such care and avoid risks? Read story

  • Stay informed
  • Twitter
  • Facebook
  • RSS
  • LinkedIn