Physician countersuits--a solution to the malpractice dilemma?

Abstract

Following a period of relative passiveness among physicians, during which most lived in trepidation of a malpractice action being filed against them, there emerges a new era of physician activism. This activism haqs taken the form of countersuits, based most commonly upon malicious prosecution either as a single cause of action or in conjunction with abuse of process or defamation suits. This Article will explore the derivations and positive and negative effects of malpractice suits, the possibilities of a physician being wrongfully sued, the potential ways in which the doctor can counterattack, and the effectiveness of countersuits in solving the malpractice problem.