US insurance helps MDs counter frivolous suits
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* Milan Korcok

An insurance policy designed to help physicians hit back at lawyers who launch frivolous lawsuits has been created by a Florida-based legal services firm.

Dr. Jeffrey Segal, a former neurosurgeon who now heads a biotech company headquartered in North Carolina, developed Medical Justice to provide physicians with the resources they need to counter-sue for time lost preparing for court and restoring their reputations.

US Legal Services, the Florida firm administering Medical Justice, considers Segal's concept a potential deterrent to rampant medical malpractice suits in the US. So does the Florida Medical Association, whose board has endorsed the new insurance.

To join, physicians pay a flat annual fee of between $500 and $1000, according to the level of medicolegal risk within their specialty. If the physician is sued unsuccessfully, an independent attorney then assesses the case to determine if it was filed maliciously and whether the doctor is likely to win a malicious prosecution case. The insurance then covers the cost of any resulting countersuits against plaintiffs and their lawyers and expert witnesses.

The Canadian Medical Protective Association (CMPA) discourages countersuits, largely because they are rarely successful in Canada. “In legal actions where the defendant physician is successful, the courts, at their discretion, may award costs to the defendant,” says Dr. John Gray, the CEO. However, if a member decides to pursue a countersuit, “the CMPA does not assist.” —* Milan Korcok*, Florida