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A civil suit initiated by a defendant to an action against the plaintiff or his attorney asserting that the original action was without reasonable or probable cause—i.e., ‘frivolous’—and motivated by malice—improper motive—or that the lawsuit ended in the favour of a physician who nonetheless suffered damage to his reputation, non-compensatory losses or other
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However, the countersuit process is tedious, expensive, and usually unsuccessful.
The usual legal theory that a countersuit is premised upon is malicious prosecution, which has to satisfy the following elements: 1) original lawsuit terminated in favor of the doctor, that is, no malpractice liability found; 2) lack of probable cause; 3) malice; and 4) special injuries.
The issue of probable cause is the major stumbling block to a successful countersuit.
After the trial court dismissed the action, he filed a countersuit against the attorney under Pennsylvania's statutory section for the wrongful use of civil proceedings.
Another legal theory for a malpractice countersuit is abuse of process.
Should these countersuits develop, it would further delay any improvements in the way the school district educates children with disabilities.
The suits and countersuits, which involved antifuse FPGA (field programmable gate array) integrated circuit device technology, dated back to 1994.
NASDAQ NMS:THQI) Monday announced that the lawsuits and countersuits among the parties have been settled.