What are plaintiff liabilities if you drop a medical malpractice suit?

UPDATED: Jan 31, 2018

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What are plaintiff liabilities if you drop a medical malpractice suit?

The case has been going on for 10 years.

Asked on January 31, 2018 under Malpractice Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The plaintiff is not liable when dropping the case (except for his own legal  and expert bills, court costs, etc.), UNLESS:
1) The other side tries to hold the plaintiff accountable (even when there are grounds to do so--see below--the other side has to seek money or compenation; it doesn't happen automatically); and
2) There is evidence that you brought the case for improper reasons or while knowing it had no legitimate legal or factual basis: basically, that you knowingly brought an invalid case hoping to scare or "extort" the other side into offering you something. If the case had any validity--even if it was a weak or challenging one, and even if you likely would have lost had to gone through trial--the plaintiff would not be liable to the other side.

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