Court upholds sanctions on attorney
NEWS IN BRIEF — Posted Oct. 24, 2005
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.