If you don’t win, sue again

May 23, 2007

Losing lawyers try to re-litigate cases against a hospital that they have already lost.



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{ 4 comments }

1 Eric Turkewitz May 23, 2007 at 1:52 pm

It was the hospital that brought the new suit, not the attorneys for the patients that lost the old one.

From the third paragraph:

Jewish Hospital & St. Mary’s Healthcare Inc. sued the lawyers May 1, alleging that they had tarnished its reputation in comments to news organizations and abused the legal process by trying to force settlements through adverse publicity.

–ET

2 Anonymous May 23, 2007 at 4:58 pm

Anyone want to bet on whether Kevin will correct his error?

3 RJS May 23, 2007 at 9:13 pm

Could a doctor wrongfully sued do the same thing against the plaintiff?

4 Anonymous May 24, 2007 at 6:57 am

Sue the plaintiff? Sure, but you would have to pay the costs of the litigation; plaintiffs seldom have liability insurance that protects them from damage they do to others’ reputations. And many don’t have attractive assets against which a successful countersuit could recover. Possibly you could sue their lawyer if you could get an opinion that their actions demonstrated a breach of accepted practice standards (for example if they hired a publicist to libel you.) Again, if you are successful you are left looking for a source of funds for recovery. Lawyers’ malpractice fees cover them vis-a-vis their client, not their client’s opponent. So you would be looking for umbrella coverage if he had any. Chnaces are, he would have substantial asset protection anyway (the kind that he would criticise you for having.)

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