Legal Question in Health Care Law in California

Hello. I had a legal question I was hoping I could get an answer for.

I believe I have been sued without merit for the purpose of pressuring me into a settlement. During phone calls leading up to the lawsuit, the plantiff repeatedly stated that it was best for me to settle with her because the cost of fighting the lawsuit would be greater than the settlement amount she was asking for. She also revealed that she was having financial difficulty unrelated to services provided by me, and the amount she needed to resolve this had determined the amount of settlement she was asking for. Perhaps this meets the standards of frivolous lawsuit?

I have already won her lawsuit. The plaintiff did acknowledge during the trial that she knew the statute of limitations had passed but filed the suit anyway. If trials are transcribed, that should be in there.

The cost of fighting the lawsuit did add up to about the settlement amount she wanted. She also filed some complaints with the state regulatory board against me for the same purpose, but this was ruled in my favor also.

This happened in California. Being sued and winning the lawsuit isn't really winning. It's just not losing. What would my recourse be to recover the costs of fighting her lawsuit and lost time at work?


Asked on 3/29/12, 12:47 pm

1 Answer from Attorneys

You can sue her for malicious prosecution and abuse of process, but if she doesn't have the money to pay a judgment, then winning that lawsuit won't really be winning either.

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Answered on 3/29/12, 1:00 pm


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