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Legitimate Claims vs. Frivolous Lawsuits

A major concern for people looking to file a claim against a physician is whether or not their voice will be heard and they will be given a legitimate chance for securing compensation. However, the lawsuit process can be complicated if a case does not hold legal merit. This means that an injury claim must have all of the basic elements of a lawsuit according to the United States legal code. If a claim does not have these components, it will be considered frivolous.

If you have been hurt by a negligent medical professional and would like to determine if your case has the elements of a medical malpractice lawsuit, it is important to talk to a lawyer today. Contact the Philadelphia medical malpractice attorneys of Lowenthal & Abrams, P.C., by calling 215-238-1130 for your consultation.

The Court’s Penalties for Frivolous Lawsuits

A claimant is not generally considered entirely responsible for a frivolous lawsuit if they are working with legal counsel. This is because it is the responsibility of a licensed attorney to warn a client if their lawsuit clearly has no legal merit. If both a client and their counsel push the lawsuit despite the case obviously not having merit, there may be penalties from the court, including the following:

  • Being held in contempt of court
  • Sanctions and fines from the court
  • Being required to pay for the other party’s legal fees

A responsible litigator will know when they are pushing the boundaries of a clearly frivolous lawsuit and will inform their client of this before the claim is filed.

Contact Us

If you need legal assistance with a medical injury claim, we may be able to help. For more information regarding your legal options after a medical mistake has caused you injury, contact the Philadelphia medical malpractice lawyers of Lowenthal & Abrams, P.C., at 215-238-1130 today.