Anne E. McClellan

Member

Overview

Ms. McClellan is an experienced litigation attorney who focuses her practice on medical malpractice defense, legal ethics, health care, and personal injury defense. She also represents health professionals before their licensing and regulatory boards, and she has experience in the insurance field enforcing liens and subrogation rights and handling disputes over insurance coverage.

Contact
Areas of Focus
  • Medical Liability Defense
  • Health Care Litigation
  • Lawyer Professional Responsibility
  • State Bar Complaints
  • Ethics
  • Bar Admission and Licensing Issues
  • Legal Malpractice Defense
  • Personal Injury Defense
  • Health Insurance Subrogation and Lien Enforcement
Education

J.D., Arizona State University, Sandra Day O’Connor College of Law (2007)

  • cum laude
  • Pedrick Scholar
  • Associate Articles Editor, Arizona State Law Journal

B.A., Webster University, Political Science (2004)

  • summa cum laude
  • Daniel Webster Scholar

Biography

Ms. McClellan handles litigation matters in the areas of healthcare, insurance defense, and business disputes. She represents physicians, hospitals, and other healthcare providers in medical malpractice matters, and she has served as trial counsel in numerous medical malpractice jury trials.  Ms. McClellan has also handled jury trials and arbitration hearings in personal injury, premise liability and contract matters in which she obtained defense verdicts or other favorable results for her clients. She has obtained summary judgment in favor of hospitals and health professionals based on the plaintiffs’ failure to adequately prove the provider was negligent and/or that the provider’s alleged negligence caused the plaintiffs’ injuries, and she has obtained summary judgment in premise liability matters.

Legal ethics is another focus of Ms. McClellan’s practice. She represents attorneys and law firms in matters relating to State Bar complaints, disciplinary matters, bar admissions, reinstatements following discipline, and other licensing, ethics and professional responsibility issues.

Ms. McClellan represents healthcare professionals before state licensing boards including the Arizona State Board of Physical Therapy, Arizona State Board of Nursing and Arizona State Board of Behavioral Health Examiners.

As a niche practice, Ms. McClellan represents insurance companies in subrogation and lien matters under ERISA, Medicare, and A.R.S. § 12-962. She has recovered funds for her clients in cases in which the opposing party initially refused to provide any reimbursement, including litigating the issues in state and federal courts. Ms. McClellan also has experience handling disputes regarding insurance coverage for medical treatment, representing both insurance companies and the people whose claims have been denied.

Admissions

Admitted to Practice

  • Arizona (2007)

Court Admission

  • U.S. District Court, District of Arizona (2008)

Representative Experience

  • Represented a general surgeon and obtained unanimous defense verdict in the alleged wrongful death of a 46-year old man following elective surgery.
  • Obtained a unanimous defense verdict in favor of a general surgeon accused of negligently performing bowel surgery.
  • Obtained a defense verdict in favor of a general surgeon who transected the common bile duct during gallbladder surgery.
  • Represented a primary care physician in a wrongful death case to diagnose and treat a urinary tract infection and obtained unanimous defense verdict at the jury trial.
  • Represented a vascular surgeon who was accused of failing to diagnose a pseudoaneurysm following knee replacement surgery, allegedly causing compartment syndrome and leg amputation, and obtained a jury verdict more favorable than pretrial settlement offers.
  • Served as first chair in a personal injury jury trial and obtained a final judgment in favor of the defendant client.
  • Obtained summary judgment in a legal malpractice matter in which the attorneys were accused of failing to file a case within the statute of limitations.
  • Represented an attorney at a disciplinary hearing in which the State Bar of Arizona was seeking disbarment and obtained a full dismissal of all alleged ethical violations.
  • Handled reinstatement hearing for an attorney suspended for two years for sexual misconduct and successfully got the attorney reinstated to the State Bar of Arizona.
  • Represented a prospective attorney with a prior felony in a formal hearing in front of the Character & Fitness Committee that resulted in the attorneys’ admission to the State Bar of Arizona.
  • Represented a prospective attorney with multiple misdemeanors and prior financial issues in a formal hearing in front of the Character & Fitness Committee that resulted in the attorney’s admission to the State Bar of Arizona.
  • Obtained a dismissal from the Arizona State Board of Behavioral Health for a counselor accused of unprofessional conduct and sexual misconduct with a client.
  • Obtained a dismissal from the Arizona State Board of Nursing for a nurse accused of unprofessional conduct related to a misdemeanor criminal charge.
  • Obtained a dismissal from the Arizona State Board of Nursing for a nurse accused of diverting medication.
  • Obtained summary judgment in a premises liability case based on the lack of evidence proving liability for the allegedly dangerous condition.
  • Obtained summary judgment in favor of a hospital because the plaintiffs could not prove that the nurses’ alleged negligence cause the patient’s death.

Media and Presentations

Articles

Memberships

American Bar Association

  • Web Editor, Trial Practice Committee

The American Association of Nurse Attorneys

Arizona Society of Healthcare Attorneys

Sandra Day O’Connor American Inn of Court

State Bar of Arizona

  • Member, College of Trial Advocacy (2011)

Arizona Women Lawyers Association

Honors and Awards

  • Listed, The Best Lawyers in America© in the category of Medical Malpractice Law – Defendants (2019)
  • Listed, Southwest Super Lawyers Rising Star in the categories of Civil Litigation: Defense and Business Litigation (2012 – 2018)

Community Involvement

Girls on the Run

  • Inspiration Station, Spring 2018 5k (April 2018)