Attorney Profile
John M. Alton
John Alton began his career as a
trial lawyer at Lane Alton Horst in 1977 after
obtaining a B.A. cum laude with distinction in
psychology from Duke University and a law degree
from Southern Methodist University Law School.
He tried 9 cases in his first year of practice.
In addition, he participated as second chair in
trials of many medical malpractice, attorney
malpractice and business litigation cases in his
first five years as a lawyer.
At the age of 33 he was retained by the
country’s oldest medical malpractice insurance
company, The Medical Protective Company, to
represent the interests of its physician
insureds throughout Ohio. In less than nine
years Medical Protective sent him 340 medical
malpractice lawsuits which he and others at the
law firm handled through conclusion by
dismissal, settlement or trial. In 1994, Frank
Ray and John Alton formed Ray & Alton, LLP to
represent the interests of those injured by
medical malpractice, product defects, vehicular
collisions and businesses economically harmed by
breach of contract and warranties. In 1998 John
Alton formed John M. Alton Co. LPA which merged
with Craig D. Barclay, LLC in 2008 to form Alton
& Barclay, LLP. More than 250 attorneys have
requested John Alton to evaluate the merits of
potential medical malpractice claims of their
clients. In 1995 he became a member of the
American Board of Trial Advocates. In 1997 John
Alton was certified by the National Board of
Trial Advocacy as a civil trial advocate. At the
age of 47 he was selected as a Fellow of the
American College of Trial Lawyers, an
organization limited to no more than 1% of the
attorneys in any state. In 2004 Law and Politics
Magazine selected Mr. Alton as an Ohio Super
Lawyer in Plaintiff’s Personal Injury: Medical
Malpractice, a distinction he has received
annually since. In addition, he is the only
Central Ohio plaintiff’s medical malpractice
attorney listed in Martindale-Hubbell Bar
Register of Preeminent Lawyers. The advantage
John Alton brings to his clients is significant
experience on both sides of the litigation
table, which provides him with a balanced
perspective in the evaluation of the merits of
potential medical malpractice claims. Filing of
an unmeritorious lawsuit is not only unfair to
the medical care provider, but also to the
claimant. A lawsuit requires not only
significant time and financial investment, but
also drains emotions.
Physicians, hospitals and their liability
insurance carriers spend a considerable amount
of money defending the lawsuits. Most
professional liability insurance policies
provide that the insurance company is not
permitted to engage in settlement discussions
without the written consent of physician. The
National Practitioner’s Data Bank in St. Louis,
Mo. obligates the malpractice insurance carrier
to provide information regarding any settlement
of a claim or a lawsuit against its physician
insured. In addition, the Ohio State Medical
Board requires that any settlement of a
malpractice claim in excess of $25,000.00 be
reported to the Board.
Medical malpractice claims are among the most
expensive to pursue. Since most claimants cannot
afford to fund the costs associated with pursuit
of a claim, the few attorneys willing to
evaluate and pursue such claims must have the
financial wherewithal to advance the expense for
filing fees, depositions, expert witnesses,
travel, medical illustrations, power point, etc.
If a case proceeds to trial, the minimum
out-of-pocket expense is $20,000.00 and can
easily rise to $150,000.00 depending on various
factors including the number of experts and the
complexity of the issues. As a result, attorneys
at Alton & Barclay file lawsuits only when they
believe, based their expertise and experience,
that the odds are in favor of their client in
resolving the case favorably by settlement or
jury trial.
In addition to medical malpractice, John
Alton has handled to conclusion more than 1,000
lawsuits regarding catastrophic injury or
wrongful death arising from car or truck
collisions, construction accidents, premises
liability or other forms of negligence. He has
also represented hundreds of attorney, realtors
and insurance agents in defense of malpractice
or errors or omissions claims. Finally, he has
tried to conclusion more than ten business
litigation matters involving breach of contract,
breach of warranty, employment discrimination,
premises liability and franchise disputes.
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