| A Frivolous Lawsuit is any legal claim that seems | | | | doctor(s) implicated but also to the general |
| trivial and lacks merit. Often, an individual without | | | | taxpayer. The overwhelming opinion on Frivolous |
| legal counsel makes such a claim, and the claim is | | | | Lawsuits is they drive up healthcare costs and |
| brought as a result of poor understanding for | | | | make quality care harder to obtain. Once a Doctor |
| court processes and the law in general. The Prison | | | | is implicated in a malpractice lawsuit, their |
| Litigation Reform Act was enacted in 1995 to | | | | malpractice insurance premiums rise. |
| prevent inmates from filing such lawsuits. | | | | This new insurance rate can be effective for any |
| To avoid filing a Frivolous Lawsuit, Federal Law | | | | period of time determined by the individual policies |
| mandates an attorney to thoroughly research the | | | | of the insurance company. Doctors worried about |
| legality of all claims. Failure to make such efforts | | | | Frivolous Lawsuits may order more tests than |
| can result in serious consequences for all persons | | | | they normally would to ensure they are doing |
| involved, including the representing lawyer. These | | | | everything "medically necessary" or, in these |
| consequences will be discussed later. | | | | cases, "medically available" to treat a patient. |
| FRIVOLOUS LAWSUITS ARISING FROM | | | | These increased tests can also drive up the cost |
| MEDICAL MALPRACTICE | | | | of healthcare because they require more money |
| A very common example of a Frivolous Lawsuit | | | | from hospitals and doctors to run and they take |
| is Medical Malpractice. If you watch television long | | | | more time. In addition to running more tests, |
| enough you will notice just how many personal | | | | doctors may hesitate before prescribing |
| injury lawyers there are, and very few of them | | | | medications like controlled substances and newer |
| are actually looking to help you out. In most | | | | drugs fearing a Frivolous Lawsuit on rare side |
| cases, a personal injury lawyer will take | | | | effects. |
| thirty-fifty percent of money awarded to you as | | | | SANCTIONS AGAINST FRIVOLOUS LAWSUITS - |
| a result of a medical malpractice lawsuit. Despite | | | | FINES IMPOSED |
| this fact, the availability of these lawyers has | | | | Are there Sanctions against Frivolous Lawsuits? |
| driven up the number of Frivolous Lawsuits filed | | | | Yes. Frivolous Lawsuits waste valuable time and |
| over the past year. | | | | resources of courts. Cases with no legal merit |
| FRIVOLOUS LAWSUITS VS LEGITIMATE | | | | delay the processing of valid lawsuits. If a court |
| LAWSUITS - WHAT'S THE DIFFERENCE? | | | | rules the lawsuit is frivolous, the court may |
| What makes a medical malpractice lawsuit | | | | impose a fine on the parties involved for tying up |
| "frivolous"? Isn't a patient entitled to receive | | | | the court and creating delays. |
| compensation for damages caused by their | | | | COUNTERSUIT THE FRIVOLOUS LAWSUIT |
| healthcare provider? In some cases, this answer | | | | There are options available if you are the one |
| is "yes". The difference between a "frivolous" | | | | being sued as part of a Frivolous Lawsuit. If you |
| lawsuit and legitimate lawsuit is in the context. For | | | | feel the claim against you is unfounded or trivial, |
| example, when you are admitted to a hospital | | | | you have the right to hire an attorney and bring a |
| there are many healthcare professionals who may | | | | countersuit against the Plaintiff. Most people |
| assist you during your stay. These individuals can | | | | making Frivolous Lawsuits are looking for a quick |
| be anyone from your primary doctor, nurses | | | | way to make money and if you threaten a |
| required to bring you food or change your | | | | countersuit, these individuals are likely to back off. |
| bedpan, or a physician (in the absence of your | | | | When filing your countersuit the defendant can be |
| regular doctor) who wrote a note in your chart | | | | anyone you choose who had a part in the |
| on the day you discharged. | | | | Frivolous Lawsuit. This includes the lawyer, the |
| A legitimate lawsuit might be filed against the | | | | plaintiff, the lawyer's law firm, or any "expert" |
| doctor who actually performed your liposuction | | | | witnesses who testified in favor of the Frivolous |
| that left you permanently scarred. A Frivolous | | | | Lawsuit. When you plan on countersuing, it is |
| Lawsuit would be suing every individual who | | | | important to hire legal counsel to ensure your |
| handled your chart, but had nothing at all to do | | | | lawsuit has merit. It may be difficult to find an |
| with the surgery. In some cases when a doctor | | | | attorney willing to sue another law firm. |
| fills in for a colleague, they may sign a discharge | | | | There are many items you may receive |
| note for a patient they never met. The threat of | | | | compensation for when countersuing. You can |
| Frivolous Lawsuits is of special concern for | | | | request reimbursement for court costs and |
| doctors in "high risk" fields such as an OB-GYN or | | | | compensatory damage for time and money lost |
| an anesthesiologist. | | | | while you were in court instead of at work. You |
| HOW FRIVOLOUS LAWSUITS CAN DRIVE | | | | may also request money to alleviate some of the |
| HEALTHCARE COSTS HIGHER | | | | mental pain and suffering (i.e. embarrassment, loss |
| A Frivolous Lawsuit can be devastating in cases | | | | of status or reputation) you endured after being |
| involving medical malpractice, not only to the | | | | named a defendant in a Frivolous Lawsuit. |