Torts - Obstruction of a Civil Action - Coercion by a Medical Association to Preclude Availability of Expert Testimony in a Medical Malpractice Action

Authors

William Y. Webb, University of Michigan Law SchoolFollow

Abstract

Plaintiff approached nine physicians in an attempt to secure an expert witness for a medical malpractice action. All nine refused, allegedly as a result of threats by the county medical association to expel them and cause a cancellation of their malpractice liability insurance if they testified. The association's actions stemmed from a finding by its "malpractice committee" that the malpractice defendant had not been negligent. Plaintiff then brought this action against the association to recover compensatory and punitive damages for obstruction of a civil action. On appeal from an order granting a motion for nonsuit, held, affirmed. No cause of action can arise from inducing one to assert his legal rights. Agnew v. Parks, (Cal. App. 1959) 343 P. (2d) 118.

Recommended Citation

William Y. Webb, Torts - Obstruction of a Civil Action - Coercion by a Medical Association to Preclude Availability of Expert Testimony in a Medical Malpractice Action, 58 Mich. L. Rev. 802 (1960).
Available at: https://repository.law.umich.edu/mlr/vol58/iss5/14