You have the right to seek compensation from the negligent doctor who injured you. Unfortunately, some doctors respond to victims exercising this right by filing countersuits, which our lawyers can help them navigate.
Doctors might file countersuits against patients who file medical malpractice lawsuits against them. This is typically done for several reasons. Either the physician believes the patient’s claim is baseless, or they want to intimidate the victim into dropping the original suit or accepting a bad settlement, which is the most likely scenario. Fortunately for victims, medical malpractice countersuits are generally fruitless. Our lawyers can respond to countersuits with the evidence we compiled of the physician’s negligent conduct, garnering a larger out-of-court settlement or favorable verdict at trial.
Get a free case assessment by calling Rice, Murtha & Psoras’ Maryland medical malpractice lawyers today at (410) 694-7291.
Can Doctors Countersue Patients Who Sue Them for Medical Malpractice?
Physicians facing medical malpractice lawsuits might countersue patients to attempt to clear their names of any liability for the patient’s injuries and damages. Medical malpractice verdicts can negatively affect a physician’s professional and personal life, and they could respond to a victim’s lawsuit by filing one of their own.
Generally speaking, when there is ample evidence of a physician or hospital’s negligence, countersuits are fruitless. This is because, for the court to side with a countersuit, the doctor must meet a higher burden of proof. For example, they must show their basis for the claim, such as abuse of process or that the initial lawsuit lacked legitimacy or was brought to intentionally harm the doctor’s reputation. If our lawyers have already entered into discovery compelling evidence of the patient’s injuries, such as the doctor’s notes or lack thereof, witness statements, and hospital records, it would be challenging for them to successfully countersue.
Countersuits typically garner negative publicity and attention toward the physicians who file them, another reason why they are rare. When doctors countersue patients, they typically do so in an effort to force the victim to accept a lower settlement and keep the matter out of court. Our Annapolis, MD medical malpractice lawyers can anticipate these tactics, identify them, and undermine potential countersuits filed against you by the doctor who caused your injuries.
Generally, doctors who plan on filing countersuits against patients must do so within 10 days of filing a Notice of Intent to Defend. Otherwise, they lose their chance to counter your claim with a suit of their own.
How Our Lawyers Handle Medical Malpractice Countersuits Against Patients
Having a countersuit filed against you when seeking compensation for medical negligence can be confusing and distressing. Our attorneys can help injured patients handle these situations by reviewing counterclaims filed in court, responding to countersuits during settlement negotiations, and refuting countersuits during trials.
Review the Counterclaim
Upon learning that the defendant in your case has filed a countersuit against you, our lawyers will review the claim filed with the court to assess its legitimacy. Physicians often file countersuits because they believe the victim is seeking unfair damages or targeting the doctor to harm their reputation. These allegations typically have no evidence to support them, and countersuits are often filed to waste victims’ time so that they feel pressured into accepting lowball settlements, which we will make sure to avoid. Despite many medical malpractice countersuits being baseless, reading and understanding their contents is crucial so that our lawyers know how to best approach the situation.
Respond to the Countersuit
Because defendants do not have long to file countersuits after being named in medical malpractice lawsuits, the doctor in your case could counter your claim before settlement negotiations begin. Again, this is often intentional. Negligent doctors might suggest they will drop their counterclaims if victims agree to lower settlement amounts that wouldn’t cover enough of their damages. Victims who are understandably concerned by countersuits might accept unfair offers, forcing them to pay out of pocket for some damages from a medical professional’s negligent conduct.
When settlement negotiations commence, our lawyers can respond to the countersuit’s arguments and explain why the available evidence undermines them. Negligent physicians and hospitals who know their countersuits are weak may agree to better settlement offers after staunch negotiations, particularly if our lawyers indicate we are ready to go to trial for the case.
Countersuits can substantially complicate and delay medical malpractice claims and victims’ recoveries, and the doctors and hospitals that counter legitimate lawsuits know this. Our attorneys also know this and can expose baseless countersuits, whether during settlement negotiations or trials.
Refute the Counterclaim
If you go to court, the original lawsuit and counterclaim will be heard and decided during the same trial. Because the defendant must file their countersuit soon after we file your medical malpractice lawsuit, we will be able to learn the basis of their claim quickly, giving us time to refute it. When doctors file counterclaims, they are essentially saying their patients have no cause to sue them. Our lawyers can show that this couldn’t be further from the truth by presenting evidence we obtained and preserved early on in your case. For example, we will request all records from the hospital that employed the negligent doctor and give them to qualified medical experts to review. Having other doctors confirm that the treatment, medication, or care administered to you was improper can convince the court of the defendant’s negligence and that their counterclaim holds no weight.
When our attorneys successfully refute counterclaims and win medical malpractice lawsuits, victims can recover compensation for all damages due to a medical injury. This includes the cost of treatment necessary after the injury, missed income incurred while recovering from the injury, and the pain and suffering associated with the injury.
Call Our Lawyers About Your Medical Injury Today
Get a free case review from Rice, Murtha & Psoras when you call Baltimore, MD our medical malpractice lawyers at (410) 694-7291.