LAUREL COUNTY, Ky. —
Rule 11 “requires the determination of a collateral issue: whether the attorney has abused the judicial process, and, if so, what sanction would be appropriate.”
Prewitt stated Maxey and his business, also listed as a defendant in the case, should receive monetary compensation for his expenses involved. None of the plaintiffs who withdrew asked for any compensation.
The list of defendants making accusations of improper conduct and medical procedures has been a steady flow of dismissals since the original Motion for Rule 11 Sanctions was submitted in October 2011.
The lawsuit against Maxey was filed in March 2010, claiming he was performing excessive pelvic exams and pap smears on his female patients. Others complained he had an “unusual way” of performing the exams.
Maxey was advised by the Kentucky Board of Medical Licensure on March 4 of that year, requiring him to have another medical professional present when doing any type of gynecological or breast exams, or from being in the room with a fully or partially disrobed female patient without a chaperone.
Maxey, in turn, filed a lawsuit against London doctor Marc Briere, whom Maxey claims was fearful his practice would compete with that doctor’s medical office. He also claims Briere enticed one of the businesses located in Maxey’s medical complex to move into Briere’s medical plaza on Meyers Baker Road. That case is still pending.