Ohio attorney sanctioned for pursuing frivolous liability case

Doctors hope the decision will make lawyers think twice about filing meritless lawsuits. The attorney is appealing the ruling to the state Supreme Court.

By Amy Lynn Sorrel, AMNews staff. June 4, 2007.

After being dragged through three years of unnecessary litigation and emotional turmoil, as well as taking a hit on his medical liability insurance, Ohio orthopedic surgeon Michael A. Banks, MD, fought back.

When the underlying medical liability case against him was dismissed a second time, Dr. Banks sued the plaintiff's attorney for frivolous conduct.

An open lawsuit on his record -- his first -- made him ineligible for insurance discounts, he said. But it was the years of checking "yes" on forms for insurance and hospital privileges that asked if he was ever sued and why, that finally got to him.

"I just wanted to be able to say a judge said it was frivolous and it was thrown out," Dr. Banks said.

Now he can, thanks to a May Ohio appeals court ruling that sanctioned Cleveland-based plaintiff attorney John E. Duda for two meritless cases he pursued against Dr. Banks.

Ohio State Medical Assn. officials said the case was among the most flagrant they have seen.

The cases involved Marie Sigmon, a woman who fractured her ankle in 2000. Sigmon went to the emergency department at Southwest General Health Center in the Cleveland area, where Dr. Banks said he treated her briefly in the middle of the night with pain medication. According to court documents, Sigmon alleged she later saw another on-call doctor at the medical center around 5 a.m. who said she did not need pain medication when she requested it. She also alleged that physician called her a drug addict and refused to let her stay in the hospital because she lacked health insurance.