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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.
Suing for fees creates a high probability of a countersuit by the CPA's client, usually alleging malpractice during the engagement.
The suits and countersuits were filed in the United States District Court for the Northern District of Ohio.
Occidental agreed to pay massive damages, drop a countersuit against the state, and take over cleanup of polluted drainage water from the Love Canal site.
announced on Friday that it filed a countersuit against Nokia Corp, claiming that the Finnish cellphone maker is infringing 13 Apple technology patents.
In summary, one cannot readily recommend filing a physician countersuit, unless it is to make a point.