Originally posted by GeddyLee
If you are sued for malpractice, can you countersue? Does this ever happen?
There's an article about this at medicaleconomics.com, I read it a few days ago. The short answer is "yes", but it's not really worth it. I added a link the the article below.
Here is some text from the article:
In most states, you must meet several requirements before you can even file a countersuit. The malpractice suit must have been terminated in your favor, through summary judgment, dismissal, or a trial victory. Then, to have any chance of winning in court, you'd have to prove that the case against you had been completely groundless or filed maliciously. The issue usually comes down to a matter of opinion, no matter how foolish you think the allegations against you were.
Remember that the plaintiff was probably required, before she could file suit, to have the expert opinion of another physician that you'd committed malpractice. While such "hired gun" affidavits may be all too easy to purchase, the plaintiff's attorney can effectively argue that he found the expert credible and therefore sued you in good faith.
To prevail in a countersuit, you'd also have to prove that you suffered damages, such as lost income or attorney's fees. Humiliation, loss of reputation, or other intangibles are often too subjective to qualify as legal damages. You'd have to document that patients avoided your practice because of the malpractice suit.
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