Hirsh H L
J Fam Pract. 1977 Nov;5(5):811-3.
The term "countersuit" is taking on an enchanting status to physicians, as if it were a miracle drug to cure the malpractice malady. Despite the fact that insurance industry studies show few nefarious malpractice suits, many physicans are convinced that there would be fewer claims if patients and their attorneys knew they might be back in court as defendants for instituting a nonmeritorious suit. Eliminating these few spurious suits, which are very difficult to establish at best, would have little impact on the overall problem. One countersuit may beget another. Although a few physician have been successful, a review of reported cases reveals that most countersuits have ultimately gone against the physician. Additional problems arise when medical societies attempt to alleviate the physician's financial burden by fostering countersuit funds. The funds may relieve the legal expenses, but in turn are fraught with formidable legal consequences, including conspiracy to intimidate prospective litigants and appearance of encouraging litigation. Physicians should proceed with deliberate caution in creating funds and undertaking countersuits.
“反诉”一词在医生眼中正变得极具吸引力，仿佛它是治疗医疗事故弊病的神药。尽管保险业的研究表明恶意医疗事故诉讼寥寥无几，但许多医生深信，如果患者及其律师知道他们可能因提起毫无根据的诉讼而成为被告重回法庭，索赔案件就会减少。消除这些极少数的虚假诉讼（即便在最好的情况下也很难证实）对整体问题影响甚微。一场反诉可能引发另一场反诉。虽然有少数医生取得了成功，但对已报道案例的回顾显示，大多数反诉最终都对医生不利。当医学协会试图通过设立反诉基金来减轻医生的经济负担时，还会出现其他问题。这些基金或许能缓解法律费用，但反过来却充满了可怕的法律后果，包括合谋恐吓潜在诉讼当事人以及有鼓励诉讼之嫌。医生在设立基金和进行反诉时应格外谨慎。
