Skip to main content

How many hospitals "counter suit" their patients?

Miami, FL |

As tort reform has eliminated all medical mistakes below dying or maiming, I decided to communicate my disatisfaction in the misdiagnosis and subsequent treatment to the hospital risk management. I wrote a 13 pg letter stating where I felt my care went astray over the course of 1.5yrs. Meeting with risk management did not address my demand to be returned to state I was prior to treatment at all. Rather than addressing any of my complaints they said they did nothing wrong and immediately threatened to "counter-suit" me for what ? asking questions over their online system which their doctors never answered? I know the Dr's didn't read my questions b/c they aren't compensated $$ to, and b/c when I went to see them in person, they idicated in their words that they didn't read my messages (cont

+ Read More

Attorney answers 4


You shouldn't be writing risk management. That's simply absurd. Retain a local med mal lawyer to handle.

Only 29% Contingency Fee! Phone: 215-510-6755


It sounds like you are not handling the issue on your own at all well. Time to hire an attorney. Search for an attorney in your locale, discuss fees, and bring your retainer to the first appiontment.

We do not have a client/attorney relationship until you make an appointment, we discuss your case face to face, I accept a retainer, and we explictly agree to enter into representation.


It sounds as if you have concluded that no attorney would handle your claim. If you have not consulted with an attorney (or more than one) to arrive at this conclusion, you should. This sentiment echos what others have said in their answers.
As to your question about how many hospitals 'counter sue' their patients, it depends what the claim is for. Hospitals frequently sue to collect their bills. They can and will sue to collect a bill in response to a medical negligence claim which is baseless. I represented a hospital for 20+ years and handled several of these counter claims. Then answer to your question is that 'it depends' on the nature of your claim. You need to speak to an attorney to get a full answer.

This is not intended as specific legal advice to you or about your case. The only way to provide that is for you to have a conference with an attorney so they can ask you questions about your claim, read records and learn far more than is contained in your note. No attorney-client privilege is established by this response.



All bills were paid. If I try to collect damages, the hospital would retaliate by suing me for the pain and suffering of the doctors-b/c after the dust settled, the Dr who originally made the misdiagnosis decided to go on medical leave leaving his colleague's to deal with fallout.


The statue of limitations for medical malpractice in Florida is two years from the date of the malpractice. (Possibly extened to four years for late discovery of the malpractice). So, it seems you are close to or over that deadline.

If you file suit without complying with the Florida medical malpractice presuit screening requirements, or if you file it too late, you will be pursuing a legally frivolous clam and you will subject yourself to paying thousands of dollars for the attorneys who will defend against your claim. And this is so, regardless of the underlying merits of your claim. Maybe that is what the risk manager was talking about. Other less likely possibilities include a claim for unpaid hospital bills, libel, malicious prosecution, and similar intentional torts.

You could file a claim with the Department of Health, but it will not get you any money.

This is a summary based on incomplete facts. You should not rely on it as legal advise. No attorney-client relationship is intended to be formed. You may call me 772-562-4570; email me, or visit my website



1st specialist with first misdiagnosis was August 25 2011. No treatment was undertaken until May 2012 for 2nd misdiagnosis. So it has been less than a year.

Avvo personal injury email series

Sign up to receive a 3-part series of useful information and advice about personal injury law.

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer