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Old 06-18-2008, 06:05 PM
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Quote:
Originally Posted by Meiac09
I do too, what I didn't understand was his implication that all med. malpractice suits are BS.
The ability to recover court costs and attorney's fees is limited to certain cases for a reason, i.e. redhibition and breach of contract. To allow the recovery of such fees in all cases where a plaintiff (or defendant) looses would retard the judicial process. People with legitimate claims would be discouraged from filing suit in fear of loosing and paying those fees, defendants would be pressured to settle quickly to avoid those costs. Then you have punitive damages, which is a whole-nother ball of wax.

If it is truly a frivolous claim, it should be dismissed with little to no fuss.
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