Physician wants suit against West Virginia lawyers reinstated

Trial lawyers say there is no merit in the case tying them to the tort crisis.

By Tanya Albert, AMNews staff. June 14, 2004.

The West Virginia ob-gyn who filed a lawsuit against the state's trial lawyers group and its president isn't giving up in her quest to hold them responsible for the state's unfavorable medical liability insurance climate.

Julie K. McCammon, MD, in May asked the West Virginia Supreme Court to hear a request to reinstate her case against the West Virginia Trial Lawyers Assn. and William L. Frame.

Her complaint, originally filed in Harrison County (W.Va.) Circuit Court, claims that trial lawyers have filed frivolous, non-meritorious and malicious lawsuits against physicians that have caused "unwarranted and stifling" increases in liability insurance premiums.

A lower court threw out the claim, which asks for damages for economic losses, professional limitations, emotional distress and mental anguish, as well as other noneconomic damages. The judge said there were no facts to support Dr. McCammon's claims, and she had no right to monetary damages.

The Clarksburg physician handled the initial court filings herself, but two lawyers have helped her with her appeal to the state Supreme Court.

Andrew L. Schlafly, a New Jersey lawyer representing Dr. McCammon along with West Virginia lawyer Mark Cabaniss, said he believes the odds are good that the court will let Dr. McCammon go forward with discovery. He said lawyer associations train attorneys to file lawsuits against doctors.

"It's long overdue that lawyer associations are held accountable," Schlafly said. "The lawyers association should not get special treatment. They are accountable to the same standards as everyone else."