ATLANTA (Legal Newsline) – A medical malpractice plaintiff is on the hook for her target’s attorneys fees after losing at trial.
Dr. Stephanie Smith and Gwinnett Anesthesia Service, after proving they were not liable for Mittie Anglin’s alleged injuries, asked for repayment of their lawyer fees because they had offered a $1,000 settlement before trial.
Since Anglin lost at trial, she is now looking at paying more than $177,000 in attorneys fees to the defendants, according to a Georgia Court of Appeals decision issued Dec. 28.
The appeals court found the award justified and disagreed that the trial court reached its decision because it deemed Anglin’s case frivolous, which she says it was not.
“(T)he defendants sought only payment of their attorney fees; they did not seek damages in accordance with (state law regarding prevailing parties),” Judge Trea Pipkin wrote.
“Thus, the defendants were entitled to attorney fees unless the offer was not made in good faith. In making the determination that the $1,000 settlement offer was made in good faith, the trial court properly considered the merits of the underlying case.”
Anglin claimed a series of injections into her lower back caused her to suffer loss of leg function and urinary incontinence. The trial court said Anglin’s theory depended on the jury accepting that she was paralyzed and incontinent on the day she last saw Dr. Smith and for days after.
But her medical records and other health care providers confirmed she could move when they saw her.
“The only evidence supporting (Anglin’s) theory was her own testimony to the contrary,” the trial court found.
“As a result, given the incredible nature of (Anglin’s) claims, Defendants made a $1,000 offer of settlement.”