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Malpractice Countersuits: Succeeding at Last?

Published online by Cambridge University Press:  27 April 2021

Sheila Taub
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Extract

From time to time physicians have attempted to retaliate against malpractice suits which they perceive as groundless by filing countersuits against the suing patient, his attorney, or both. In recent years the number of such countersuits filed has risen dramatically, amounting to what one author has called a “legal fad.” A Dallas attorney has reportedly formed an organization, Lawyers for Protecting People From Malicious and Unjustified Lawsuits, Inc., to assist those who countersue attorneys. Until recently, however, such countersuits were nearly always unsuccessful because of the formidable burden of proof placed on the plaintiffs by the applicable legal doctrine. This article will discuss a handful of recent appellate court decisions which suggest that the countersuit may yet prove to be a potent weapon in the physician's arsenal against groundless claims.

In Bull v. McCuskey, a 1980 case, the Supreme Court of Nevada upheld an $85,000 countersuit award. This appears to be the first such decision upheld by a state supreme court and the largest countersuit award to date.

Type
Legal Problems in Medical Practice
Information
Law, Medicine and Healthcare , Volume 9 , Issue 4 , December 1981 , pp. 17 - 20
Copyright
Copyright © American Society of Law, Medicine and Ethics 1981

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References

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