subject: What's the Difference Between a Frivolous Lawsuit and a Legitimate Lawsuit? [print this page] Frivolous lawsuits are legal claims that seem trivial and lack merit. Often individuals without legal counsel make claims that a lawsuit is frivolous. This often happens if the individuals don't have a good understanding of the law in general, and specifically the court process.In 1995 the Prison Litigation Reform Act was enacted in order to prevent inmates from filing lawsuits such as these.Federal law mandates that attorneys thoroughly research the legality of all claims before they file a lawsuit. The intent is to prevent them from filing a frivolous lawsuit. If they fail to make such an effort serious consequences could result for everyone involved, including the representing attorney.Frivolous Lawsuits Involving Medical MalpracticeThe popular press often cites medical malpractice lawsuits as examples of frivolous lawsuits. Why would a medical malpractice lawsuit be considered frivolous? The difference between a legitimate lawsuit and one that isn't is in the context.Let's say that you were admitted to a hospital and were scheduled for liposuction.Naturally there are a lot of healthcare professionals in the hospitals employ whose jobs are to assist you while you are there. The spectrum of individuals could include your primary doctor, the physician who, in the absence of your primary physician, wrote a note on your chart the day you were discharged from the hospital, the nurses who brought you your food, the nurses who changed your bedpan, etc.If the liposuction left you permanently scarred then you could very well file a legitimate lawsuit against the doctor who performed the liposuction. However, lawsuits that are filed against any and all individuals who handled your chart but didn't have anything at all to do with the surgery might be considered to be frivolous.Filing a Frivolous Lawsuit Can Cost You MoneyThere are sanctions against frivolous lawsuits because they waste the court's time and resources. If there is no legal merit to a case it delays the processing of legitimate lawsuits. If the court deems that lawsuits are frivolous it can impose fines on all the parties involved because they are tying up the court and causing delays.If you feel that you have a legitimate lawsuit, though, you should not hesitate to contact an attorney in order to get their professional perspective. Because experienced lawyers have so much at stake they will be able to tell you whether a potential lawsuit is legitimate or not.One area in which there are many legitimate lawsuits has to do with the repercussions women have experienced after taking oral contraceptives.
What's the Difference Between a Frivolous Lawsuit and a Legitimate Lawsuit?
