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Sunday, March 13, 2005The 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. In his written opinion, Judge Roger G. Lile found that Little willfully violated a state court rule, known as Rule 11, that bars baseless court filings. Specifically, Lile found that Little's own physician expert witness did not offer any statement or opinion that Dr. Maycon's treatment of Barbato failed to meet the prevailing standard of medical care. In addition, Lile noted that when Dr. Maycon's attorney asked Little to drop Dr. Maycon from the suit because of the lack of evidence, Little “advised not in terms of evidence, but rather in terms of the lack of an offer of money, which would be the basis of Dr. Maycon’s release from litigation.” "Such a response,” Judge Lile continued, “is clearly frivolous under (Ohio law) as is the retention of Dr. Maycon in this case." And yet, as "clearly frivolous" as it was, it took a special committee for the identification and prosecution of frivolous lawsuits set up by the Ohio State Medical Association to get any action. The law is not a profession that polices itself. posted by Sydney on 3/13/2005 08:02:00 AM 0 comments 0 Comments: |
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