Spector Richard A
Department of Otolaryngology, Tulane University School of Medicine, New Orleans, Louisiana, USA.
J La State Med Soc. 2002 Mar-Apr;154(2):76-7.
The courts are protective of the plaintiff's rights under law to seek redress in the court by placing the facts of their allegations before a judge or jury. Because the avenue to the court is through representation and advocacy, the courts equally are protective of the agent of that representation, the attorney. To date, no physician who has been sued for medical malpractice in Louisiana has brought a successful malicious prosecution claim against the plaintiff or his attorney.
法院保护原告依法通过向法官或陪审团陈述其指控事实来寻求法律救济的权利。由于诉诸法院的途径是通过代理和辩护,法院同样保护这种代理的主体,即律师。迄今为止,在路易斯安那州因医疗事故被起诉的医生,没有一个成功地对原告或其律师提出恶意诉讼的指控。