Should a doctor be able to countersue for damages after being sued?

by **kienan** » Mon Dec 19, 2011 12:25 am

The case in question involved a doctor and his patient. This patient made allegations about the physician and sued for a substantial amount of money. The case went before a judge and was found to be frivolous and thrown out. Meanwhile, for the two years proceeding the court judgement, the doctors malpractice insurance went up more than $20,000 per year. He also spent a substantial amount of money on legal fees and other expenses related to the case. So, should this physician be able to recover expenses related to the case?

by **laureano97** » Mon Dec 19, 2011 12:34 am

Yes, and the same should be for anyone filing papers of any kind against another citizen and their claim eventually is found to be unfounded. Something has to be done to protect the unsuspecting citizens from harassment and lies. How would YOU handle the expense of a lawsuit that you had to take on to protect yourself from being taken advantage of?

by **hussein** » Mon Dec 19, 2011 12:39 am

The fair thing would be for the person that sued to have to pay court cost as well as time and legal fees. The malpractice insurance is another monster in itself. Life isn't fair sometimes...

by **camdin90** » Mon Dec 19, 2011 12:50 am

Malpractice insurance is ridiculously expensive. You would think that there would be some kind of protection for the doctor as well as the patient.

by **caffar** » Mon Dec 19, 2011 1:03 am

Your questions is SHOULD a doctor be able to.... is that if a civil suit is found to be frivolous the defendant should be able to sue for damages and lawyer fees for defending themselves. My belief is that this should only be possible in cases where the plaintiff is lying or found to be "frivolous". Of course for this to become law we would have to define specifically when this could happen.

by **stein74** » Mon Dec 19, 2011 1:12 am

Your questions is SHOULD a doctor be able to.... is that if a civil suit is found to be frivolous the defendant should be able to sue for damages and lawyer fees for defending themselves. My belief is that this should only be possible in cases where the plaintiff is lying or found to be "frivolous". Of course for this to become law we would have to define specifically when this could happen.

you would think so.

by **abraham90** » Mon Dec 19, 2011 1:15 am

He might be able to press charges if there was fraud or slander involved.

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