Monday, May 29, 2006
A doctor successfully countersues . . . with support from the trial lawyers
Must be read to be believed:Four times, Dr. Frank Bonnarens was sued for malpractice, and four times, the lawsuits were dismissed.
So after a fifth suit was filed and later dropped, the Louisville orthopedic surgeon fought back -- filing his own suit against the moonlighting state government attorney who had sued him in the fifth case . . .
. . . But the president of the Kentucky Academy of Trial Attorneys, Steve Downey, hailed the verdict, which he said shows that doctors have a remedy from frivolous suits without so-called tort reform.
Posted by Kevin |
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Comments:
Why is only the lawyer at trial here, why not the plaintiff as well? Without her, there wouldn't have been a trial in the first place, would it?
I have contemplated countersuing on occasion for frivolous suits but never pursued it with any fervor. I discussed it in passing with attorneys but I sense a "protect their own" attitude. Something like what the lawyers on this blod accuse doctors of.
# posted by 
: 7:16 AM
: 7:16 AM
That's great.
There ARE protections against frivolous suits.
You can get summary judgment.
You can ask for sanctions.
And you can (in some cases) countersue.
Now, the very interesting thing is this: You like to harp on the issue that such a "huge" number of claims were "meritless" and all that. But guess what? A truly mertiless claim is punishable.
Just because a case doesn't win doesn't mean it should not have been brought.
There ARE protections against frivolous suits.
You can get summary judgment.
You can ask for sanctions.
And you can (in some cases) countersue.
Now, the very interesting thing is this: You like to harp on the issue that such a "huge" number of claims were "meritless" and all that. But guess what? A truly mertiless claim is punishable.
Just because a case doesn't win doesn't mean it should not have been brought.
Of course lawyers love countersuits.
Lawyers want as many lawsuits filed as possible.
Lawyers win regardless of court verdicts, it behooves them to encourage as much suit filing as possible.
Lawyers want as many lawsuits filed as possible.
Lawyers win regardless of court verdicts, it behooves them to encourage as much suit filing as possible.
# posted by : 5:04 PM
: 5:04 PM
Perhaps you don't realize that they are suing the lawyer. The penalty for filing a frivolus suit is assessed to the lawyer. That is because it's the lawyer's job to 'filter' shit so it doesn't cmopletely waste time. And if they were on contingency (which they often are) they didn't make any money when they lost, and of course they pay for their own defense.
So no, lawyers don't "love" those suits: unpaid time and fines are not fun.
More to the point: If you don't understand those basics, how can you consider yourself even vaguely competent to comment on the issue? Have your own opinion by all means, but please try to base it on reality.
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So no, lawyers don't "love" those suits: unpaid time and fines are not fun.
More to the point: If you don't understand those basics, how can you consider yourself even vaguely competent to comment on the issue? Have your own opinion by all means, but please try to base it on reality.
