Comments on: If you don’t win, sue again http://www.kevinmd.com/blog/2007/05/if-you-dont-win-sue-again.html Tue, 14 Feb 2012 17:18:00 +0000 hourly 1 By: Anonymoushttp://www.kevinmd.com/blog/2007/05/if-you-dont-win-sue-again.html#comment-75400 Anonymous Thu, 24 May 2007 11:57:00 +0000 http://clients.emmense.com/kevinmd/2007/05/if-you-dont-win-sue-again.html#comment-75400 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.) 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.)

]]> By: RJShttp://www.kevinmd.com/blog/2007/05/if-you-dont-win-sue-again.html#comment-75390 RJS Thu, 24 May 2007 02:13:00 +0000 http://clients.emmense.com/kevinmd/2007/05/if-you-dont-win-sue-again.html#comment-75390 Could a doctor wrongfully sued do the same thing against the plaintiff? Could a doctor wrongfully sued do the same thing against the plaintiff?

]]> By: Anonymoushttp://www.kevinmd.com/blog/2007/05/if-you-dont-win-sue-again.html#comment-75374 Anonymous Wed, 23 May 2007 21:58:00 +0000 http://clients.emmense.com/kevinmd/2007/05/if-you-dont-win-sue-again.html#comment-75374 Anyone want to bet on whether Kevin will correct his error? Anyone want to bet on whether Kevin will correct his error?

]]> By: Eric Turkewitzhttp://www.kevinmd.com/blog/2007/05/if-you-dont-win-sue-again.html#comment-75367 Eric Turkewitz Wed, 23 May 2007 18:52:00 +0000 http://clients.emmense.com/kevinmd/2007/05/if-you-dont-win-sue-again.html#comment-75367 It was the hospital that brought the new suit, not the attorneys for the patients that lost the old one.<br/><br/>From the third paragraph:<br/><br/><i>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.</i><br/><br/>--ET 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

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