Frank M. McClellan, JD, LLM
Professor of Law Emeritus
Temple University James E. Beasley School of Law, Philadelphia
Professor McClellan is Professor of Law Emeritus of the Beasley School of Law of Temple University, and currently serves as the Co-Director of the Center for Health Law, Policy and Practice. He teaches courses on bioethics, medical malpractice, torts, and a law and medicine writing seminar. During the fall of 2010 Professor McClellan served as the Garwin Distinguished Visitor in Law and Medicine at Southern Illinois University School of Law where he taught torts, a seminar on healthcare law, and delivered the Grayson Annual Lecture on health law. An expert on health disparities, bioethics and medical malpractice law, Professor McClellan lectures regularly at Temple University School of Medicine in interdisciplinary courses and at grand rounds. He joined the Temple faculty as a full professor of law in 1982 after teaching for nine years at Duquesne University. During his tenure at Temple University Professor McClellan has been awarded: the Phyllis S. Beck Chair, the Shusterman Alumni Faculty Award, the Lindback Award for outstanding teaching, the I. Herman Stern Chair for excellence in teaching, and the Friel-Scanlon Award for excellence in scholarship. Professor McClellan earned his J.D. degree from Duquesne University where he was an editor of the law review, his A.B. Degree from Rutgers University and his L.L.M. degree from Yale University. For his work in legal philosophy at Yale he was awarded the Felix S. Cohen Prize in Jurisprudence. After graduating from law school he served as a law clerk to Chief Judge William H. Hastie, of the U.S Court of Appeals for the Third Circuit, and an associate attorney with the Washington, D.C. law firm of Wilmer, Cutler and Pickering. He began his law teaching career as an Assistant Professor of law at Duquesne University, and was promoted to full professor with tenure in 1978, and then joined the Temple University faculty in 1981. Professor McClellan has published numerous law review articles on subjects related to health care law, tort law and civil rights, and an award winning book entitled Medical Malpractice: Law, Tactics and Ethics (1995). He is the co-author of a casebook on Tort Law, first published in 1994, and now in its fourth edition, TORT LAW: CASES, PERSPECTIVES, and AND PROBLEMS (LexisNexis 2007). Professor McClellan served as Chair of the Temple University Research and Creative Achievements Awards Committee, for five years, law school counsel, disciplinary counsel, and chair of the admissions and curriculum committees. For more than a decade he has been a member of the board of directors of the Aids Law Project of Pa., To Our Children’s Future With Health, Inc. and Philadelphia Fight, and is past President of the Pa. Legal Services Center. He currently serves on a National Steering Committee on Health Disparities in Orthopedic Health (sponsored by Zimmer Corporation), is a former member of the Heart, Lung and Blood Institute of the National Institutes of Health, and was an advisor to the Institute of Medicine on its study that resulted in a publication titled Health Literacy (2004). He is currently a member of the American Law Institute and the Society of American Law Teachers. As a practicing lawyer, he has served as lead trial or appellate attorney in many medical malpractice and product liability cases. He has argued appeals before the Third and Fourth Circuits of the U.S. Court of Appeals, the Pennsylvania Supreme and Superior Courts and the D.C. Court of Appeals. Mr. McClellan has served as trial and appellate counsel on many precedent setting cases on topics related to law and medicine, including: Stanton v. Astra Pharmaceutical Products, Inc., 718 2d 553 (3d Cir. 1983); McDaniel v. Merck, Sharp & Dhome, 533 A. 2d 436 (Pa. 1987); Taylor v. Einstein Medical Center, 723 A.2d 1027 Pa. Super. 1999), aff’d in part, reversed in part, 754 A. 2d 650 (2000); and Whittington v. Episcopal Hospital, 768 A. 2d 1144 (Pa. 2001). In 2009 he served as lead trial counsel representing the plaintiffs in a group of 15 related cases against the same surgeon and hospital, trying to verdict Svindland v. Nemours Foundation and Norwood, (Civ. Action No. 05-417, E.D. Pa. 2009).Mr. McClellan, partner in Eaton & McClellan, earned his B.A. from Rutgers University, his J.D. from Duquesne University, and his LL.M. degree from Yale University. He clerked for the late Chief Judge William H. Hastie of the U.S. Court of Appeals for the Third Circuit and is a former associate with the Washington, D.C. law firm of Wilmer, Cutler & Pickering before joining the law faculty of Duquesne University (1972 through 1981).