The pitfalls and perils of countersuits.
The term "countersuit" is taking on an enchanting status to physicians, as if it were a miracle drug to cure the malpractice malady. Despite the fact that insurance industry studies show few nefarious malpractice suits, many physicans are convinced that there would be fewer claims if patients and their attorneys knew they might be back in court as defendants for instituting a nonmeritorious suit. Eliminating these few spurious suits, which are very difficult to establish at best, would have little impact on the overall problem. One countersuit may beget another. Although a few physician have been successful, a review of reported cases reveals that most countersuits have ultimately gone against the physician. Additional problems arise when medical societies attempt to alleviate the physician's financial burden by fostering countersuit funds. The funds may relieve the legal expenses, but in turn are fraught with formidable legal consequences, including conspiracy to intimidate prospective litigants and appearance of encouraging litigation. Physicians should proceed with deliberate caution in creating funds and undertaking countersuits.
D007603:Jurisprudence; D008318:Malpractice; D010820:Physicians; D014481:United States