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The Physician Countersuit: ‘More Than Having to Say You're Sorry’
Published online by Cambridge University Press: 01 January 2021
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Growing dissatisfaction with traditional bar association grievance mechanisms as a deterrent against the institution of “frivolous” medical malpractice suits has promoted physicians to explore other methods of legal redress against “unscrupulous” lawyers. One avenue of recourse now being popularized among physicians is a countersuit by defendant physician against plaintiff patients and attorneys. The reasoning behind this approach has been bluntly expressed by a recent successful countersuitor, Dr. Leonard Berlin, “The school bully who harasses innocent children in the playground isn't stopped by reporting to his parents—he's stopped only by a punch in the face. Lawyers who abuse the court systems similarly can only be stopped through the same court system.”
Attractive as the countersuit attack may appear on the surface, the effectiveness of such a retaliatory measure in stemming medical malpractice litigation is questionable and doubtful.
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- Copyright © American Society of Law, Medicine and Ethics 1977
References
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