Judge Fines Attorney for Improper Certificates of Merit
A Philadelphia judge has sanctioned a plaintiff’s attorney and his firm for improperly filing certificates of merit in a medical malpractice case. The Pennsylvania Medical Society filed an amicus brief in support of sanctions. This is one of the first rulings of this kind in Pennsylvania.
Edward B. Weisbein and his firm, Zanicky & Weisbein, were fined $15,000 by Philadelphia Common Pleas Court Judge Jacqueline F. Allen in Turbyfill v. Tenet Healthsystem Hahnemann, a suit which has been dismissed.
The judge said Weisbein—who represented the plaintiffs in a medical malpractice case against five doctors and Tenet Healthsystem Hahnemann—improperly certified that an appropriate licensed professional had supplied him a written statement supporting the suit. In fact, Weisbein had no written statement, and the physician he had discussed the case with was an emergency medicine specialist, while the defendants in the suit were either radiologists or general surgeons.
Weisbein's attorney, Samuel C. Stretton, said he was surprised sanctions were assessed because Weisbein had admitted to wrongdoing. Weisbein also had admitted to having a cocaine addiction at the time.
Last Updated: 5/14/2008