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May 14, 2004
Countersue? Just try it, doc
When doctors are named in groundless malpractice lawsuits, they often want to fight back by filing countersuits or moving for sanctions. But, as American Medical News is the latest to learn, our legal system is elaborately structured to deny them any such recourse for the injury done them by the lawsuit. (Tanya Albert, "Fighting frivolous lawsuits: Doctors engage in an uphill battle", American Medical News, Oct. 27). For a few of the rare instances in which countersuits or sanctions motions have been successful, see Sept. 6-8, 2002; Jun. 14-15, 2000; Sept. 14, 1999.
[cross-posted from Overlawyered, where it ran Oct. 30, 2003] More: see Jan. 10, 2005 (Pennsylvania Medical Society has begun assisting doctors in countersuits).
Posted by Walter Olson at 11:31 PM
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Medicine and Law