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Judge Sanctions Trial Attorney for Filing Frivolous Lawsuit against Physician
The Ohio State Medical Association (OSMA) Frivolous Lawsuit Committee scored a major victory on behalf of Ohio physicians recently when a Stark County judge formally sanctioned a trial attorney for filing a frivolous lawsuit against a Canton-area physician.
The judge also ordered the trial attorney to pay $6,000 to the physician as reimbursement for legal expenses incurred as a result of the frivolous suit.
"We are very pleased with the positive ruling in this case, said Almeta E. Cooper, OSMA general counsel and advisor to OSMA's Frivolous Lawsuit Committee, which was instrumental in filing the "motion for sanctions" against trial attorney Catherine Little.
"Physicians support the patient's right to seek compensation if they are wrongly injured. But when physicians are needlessly and carelessly named as defendants in a lawsuit, then that is clearly an abuse of the judicial system."
The OSMA Frivolous Lawsuit Committee is believed to be the first of its kind in the nation.
The case centers on a medical liability lawsuit filed against Dr. Zev Maycon by Little and her client, Benjamin Barbato. In the suit, Barbato claimed unnecessary severe physical, mental and emotional pain and suffering resulting from a perforated colon caused by a surgical procedure that Dr. Maycon did not even perform.
http://www.ohioafp.org
The Ohio State Medical Association (OSMA) Frivolous Lawsuit Committee scored a major victory on behalf of Ohio physicians recently when a Stark County judge formally sanctioned a trial attorney for filing a frivolous lawsuit against a Canton-area physician.
The judge also ordered the trial attorney to pay $6,000 to the physician as reimbursement for legal expenses incurred as a result of the frivolous suit.
"We are very pleased with the positive ruling in this case, said Almeta E. Cooper, OSMA general counsel and advisor to OSMA's Frivolous Lawsuit Committee, which was instrumental in filing the "motion for sanctions" against trial attorney Catherine Little.
"Physicians support the patient's right to seek compensation if they are wrongly injured. But when physicians are needlessly and carelessly named as defendants in a lawsuit, then that is clearly an abuse of the judicial system."
The OSMA Frivolous Lawsuit Committee is believed to be the first of its kind in the nation.
The case centers on a medical liability lawsuit filed against Dr. Zev Maycon by Little and her client, Benjamin Barbato. In the suit, Barbato claimed unnecessary severe physical, mental and emotional pain and suffering resulting from a perforated colon caused by a surgical procedure that Dr. Maycon did not even perform.
http://www.ohioafp.org
