Gentzler v. Atlee

BECK, Judge:

We decide whether a physician has stated a cause of action for wrongful use of civil proceedings against a lawyer who, on behalf of an injured client, included the physician as a defendant in an underlying medical malpractice suit based on negligence and lack of informed consent. We conclude that plaintiffs-appellants Richard D. Gentzler, II, M.D. and Cardiovascular Associates of Lancaster, Ltd. (hereinafter referred to as “Gentzler”) properly made out a claim of wrongful use of civil proceedings against defendants-appellees William A. At- lee, Jr. and his law firm Atlee & Hall…