Defining Frivolous Lawsuits

In English, a word can have many meanings. It’s important that we understand the term “frivolous,” as it relates to medical malpractice claims. “Frivolous” is at the heart of the problem and is a core concern of the system by which we provide our nation with wellness.

According to Merriam-Webster, the term comes from Middle English, from the Latin “frivolus,” about the 15th century. There are two root meanings:

1) Having little weight or importance, or no sound basis in fact or law

2) Lacking in seriousness, or marked by unbecoming levity.

When we use the term in regards to claims of medical malpractice, we generally employ the first meaning, that the suit has no sound basis in fact or law. Contrary to the first part of that definition, though, any medical malpractice claim is important and constitutes a considerable burden, so it does have weight, and is serious. There’s nothing funny about being named in a baseless lawsuit.

Recently, someone used the term to describe a suit filed collectively by medical cannabis patients after a town voted to shut down a lawful provider of that prescribed drug. They claimed that the patients should drive on to some other town that did not shut down the business within their jurisdiction. We must disagree. The suit filed against that town is not frivolous. It has basis and merit. The business was already in existence, lawfully providing a prescribed substance, and the patients should not have to drive an hour further to a place that respects the law which allows the drug to be sold. Would it be a “frivolous” suit if the city council had shut down the local pharmacist and people objected to that?

Let’s be sure we know what the term means and use it appropriately. Otherwise, it quickly becomes an empty buzzword meaning no more than “something I don’t like.” Frivolous lawsuits have no legitimate basis. The physician did no harm, but the outcome may not have been what the patient hoped for. A less than perfect outcome is a normal part of life and there is no one upon which to place. If you were in an accident, for example, and the doctor did everything one could reasonably expect him to do in the circumstances, but the result was less desirable than one would have liked, that is not the doctor’s fault. Suing that healer is either greed, or lashing out in anger and frustration — at one of the people working hard to help you. Suing him (or her) constitutes a frivolous lawsuit.

The majority of cases being filed against physicians today qualify as Frivolous. Yet they persist, continue to distract and damage a doctor’s practice.

If you’re a doctor, you don’t have to accept that frivolous lawsuits are part of the deal. You CAN fight back, and Medical Justice can help! 99.5% of Medical Justice Members enjoy ZERO lawsuit claims year after year! Find out how you can get that kind of peace of mind for yourself and your practice. Don’t wait until you’ve been served; Contact Medical Justice today!