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Absence of physician recourse in malpractice litigation--malicious prosecution.
1Department of Otolaryngology, Tulane University School of Medicine, New Orleans, Louisiana, USA.
Summary
Physicians sued for medical malpractice in Louisiana cannot successfully sue plaintiffs or their attorneys for malicious prosecution. Louisiana courts protect plaintiffs
Area of Science:
- Law and Medicine
- Legal Studies
Background:
- Courts protect plaintiffs' rights to seek legal redress.
- Attorneys, as agents of representation, are also protected by the courts.
- Malicious prosecution claims are a potential avenue for recourse.
Purpose of the Study:
- To examine the success rate of malicious prosecution claims filed by physicians against plaintiffs or their attorneys in Louisiana.
Main Methods:
- Analysis of legal precedents and case law in Louisiana regarding medical malpractice and malicious prosecution.
Main Results:
- No physician in Louisiana has successfully filed a malicious prosecution claim against a plaintiff or their attorney following a medical malpractice suit.
Conclusions:
- The legal landscape in Louisiana does not currently favor physicians in pursuing malicious prosecution claims against plaintiffs or their attorneys after medical malpractice litigation.