A Frivolous Lawsuit is any legal claim that seems trivial and lacks
merit. Often, an individual without legal counsel makes such a claim,
and the claim is brought as a result of poor understanding for court
processes and the law in general. The Prison Litigation Reform Act was
enacted in 1995 to prevent inmates from filing such lawsuits.
To avoid filing a Frivolous Lawsuit, Federal Law mandates an attorney
to thoroughly research the legality of all claims. Failure to make such
efforts can result in serious consequences for all persons involved,
including the representing lawyer. These consequences will be discussed
later.
FRIVOLOUS LAWSUITS ARISING FROM MEDICAL MALPRACTICE
A very common example of a Frivolous Lawsuit is Medical Malpractice. If
you watch television long enough you will notice just how many personal
injury lawyers there are, and very few of them are actually looking to
help you out. In most cases, a personal injury lawyer will take
thirty-fifty percent of money awarded to you as a result of a medical
malpractice lawsuit. Despite this fact, the availability of these
lawyers has driven up the number of Frivolous Lawsuits filed over the
past year.
FRIVOLOUS LAWSUITS VS LEGITIMATE LAWSUITS - WHAT'S THE DIFFERENCE?
What makes a medical malpractice lawsuit “frivolous"? Isn’t a patient
entitled to receive compensation for damages caused by their healthcare
provider? In some cases, this answer is “yes". The difference between a
“frivolous" lawsuit and legitimate lawsuit is in the context. For
example, when you are admitted to a hospital there are many healthcare
professionals who may assist you during your stay. These individuals
can be anyone from your primary doctor, nurses required to bring you
food or change your bedpan, or a physician (in the absence of your
regular doctor) who wrote a note in your chart on the day you
discharged.
A legitimate lawsuit might be filed against the doctor who actually
performed your liposuction that left you permanently scarred. A
Frivolous Lawsuit would be suing every individual who handled your
chart, but had nothing at all to do with the surgery. In some cases
when a doctor fills in for a colleague, they may sign a discharge note
for a patient they never met. The threat of Frivolous Lawsuits is of
special concern for doctors in “high risk" fields such as an OB-GYN or
an anesthesiologist.
HOW FRIVOLOUS LAWSUITS CAN DRIVE HEALTHCARE COSTS HIGHER
A Frivolous Lawsuit can be devastating in cases involving medical
malpractice, not only to the doctor(s) implicated but also to the
general taxpayer. The overwhelming opinion on Frivolous Lawsuits is
they drive up healthcare costs and make quality care harder to obtain.
Once a Doctor is implicated in a malpractice lawsuit, their malpractice
insurance premiums rise.
This new insurance rate can be effective for any period of time
determined by the individual policies of the insurance company. Doctors
worried about Frivolous Lawsuits may order more tests than they
normally would to ensure they are doing everything “medically
necessary" or, in these cases, “medically available" to treat a
patient. These increased tests can also drive up the cost of healthcare
because they require more money from hospitals and doctors to run and
they take more time. In addition to running more tests, doctors may
hesitate before prescribing medications like controlled substances and
newer drugs fearing a Frivolous Lawsuit on rare side effects.
SANCTIONS AGAINST FRIVOLOUS LAWSUITS - FINES IMPOSED
Are there Sanctions against Frivolous Lawsuits? Yes. Frivolous Lawsuits
waste valuable time and resources of courts. Cases with no legal merit
delay the processing of valid lawsuits. If a court rules the lawsuit is
frivolous, the court may impose a fine on the parties involved for
tying up the court and creating delays.
COUNTERSUIT THE FRIVOLOUS LAWSUIT
There are options available if you are the one being sued as part of a
Frivolous Lawsuit. If you feel the claim against you is unfounded or
trivial, you have the right to hire an attorney and bring a countersuit
against the Plaintiff. Most people making Frivolous Lawsuits are
looking for a quick way to make money and if you threaten a
countersuit, these individuals are likely to back off.
When filing your countersuit the defendant can be anyone you choose who
had a part in the Frivolous Lawsuit. This includes the lawyer, the
plaintiff, the lawyer’s law firm, or any “expert" witnesses who
testified in favor of the Frivolous Lawsuit. When you plan on
countersuing, it is important to hire legal counsel to ensure your
lawsuit has merit. It may be difficult to find an attorney willing to
sue another law firm.
There are many items you may receive compensation for when
countersuing. You can request reimbursement for court costs and
compensatory damage for time and money lost while you were in court
instead of at work. You may also request money to alleviate some of the
mental pain and suffering (i.e. embarrassment, loss of status or
reputation) you endured after being named a defendant in a Frivolous
Lawsuit.
Rocco and his team of bonded professional attorneys, CPAs and
accountants help affluent individuals and companies retain control of
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Rocco Beatrice, CPA, MST, MBA, Award-winning trust & estate-planning expert
71 Commercial Street #150 Boston, MA 02109 tel: 508.429.0011 fax: 508.429.3034
Click here for more info: http://www.UltraTrust.com, http://ultratrust.com/inheritance-tax.html
Disclaimer: All information on this site is provided for informational purposes only! By no means is any
information presented herein intended to substitute for the advice provided to you by any health care or other professional
or organization.
