Geisinger Medical Center v. Gough

160 F.R.D. 467, 1994 U.S. Dist. LEXIS 20094, 1994 WL 780209
CourtDistrict Court, M.D. Pennsylvania
DecidedNovember 9, 1994
DocketCiv. A. No. l:CV-94-634
StatusPublished
Cited by1 cases

This text of 160 F.R.D. 467 (Geisinger Medical Center v. Gough) is published on Counsel Stack Legal Research, covering District Court, M.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Geisinger Medical Center v. Gough, 160 F.R.D. 467, 1994 U.S. Dist. LEXIS 20094, 1994 WL 780209 (M.D. Pa. 1994).

Opinion

MEMORANDUM

CALDWELL, District Judge.

I. Introduction and Background.

The plaintiff, Geisinger Medical Center (“Geisinger”), a Pennsylvania corporation, filed this lawsuit on May 2, 1994, against the defendants, Andrew Gough and Lynne Gough, husband and wife and Canadian citizens, to recover sums due for services rendered. The medical services were rendered to Andrew Gough during May and June of 1992. The defendants filed an answer setting forth a counterclaim for medical malpractice. The answer also asserted the malpractice as a defense in whole.or in part to the plaintiffs claim.

Pursuant to Fed.R.Civ.P. 12(b) and 12(f), Geisinger has moved to dismiss the counterclaim. In the alternative, plaintiff seeks a more definite statement under Fed.R.Civ.P. 12(e). The plaintiffs motion argues that the counterclaim violates Fed.R.Civ.P. 11 because the defendants admit in their pleading that they do not know whether it is true or not and that they need investigation and discovery to determine if it is valid.

The relevant paragraphs of the counterclaim are as follows:

16. The defendants believe that, after a reasonable opportunity for further investigation and discovery, the evidence will show that, during plaintiffs treatment of defendant Andrew Gough, plaintiff performed surgery during which Andrew Gough’s Achilles’ (sic) tendon was severed, unnecessarily, inexplicably and carelessly.
17. If such a surgical misadventure occurred, Andrew Gough and Lynne Gough suffered compensable personal injuries.
18. If such a surgical misadventure occurred, Andrew Gough and Lynne Gough incurred additional and unnecessary medical services for which plaintiff (sic) now seeks recovery and which should be set off against any claim by plaintiff.

II. Discussion.

A. Motion to Dismiss.

Plaintiff argues that this hypothetical counterclaim does not satisfy Rule 11 which generally requires that an attorney conduct “an inquiry reasonable under the circumstances” to determine that “the allegations and other factual contentions [in a pleading] have evidentiary support____” Fed.R.Civ.P. 11(b)(3) (brackets added). Geisinger contends that under this Rule the defendants simply cannot aver that — if it turns out that they have a medical malpractice claim — they are entitled to set it off against the claim for unpaid bills. Rather, the defendants must have a reasonable basis for the claim before pleading it. The plaintiff further argues that defendants cannot resort to Fed.R.Civ.P. 8(e)(2), which allows alternative or hypotheti[469]*469cal pleading, because that Rule requires compliance with Rule 11.

In opposition, the defendants make two main arguments. First, they assert that, in light of the 1993 amendment to Rule 11, their counterclaim is adequately pled. Rule 11 now allows a lawyer to make allegations that he does not know to have a reasonable factual basis as long as he specifically identifies those allegations and asserts that they are “likely to have evidentiary support after a reasonable opportunity for further investigation or discovery____” Fed.R.Civ.P. 11(b)(3). The defendants argue that the above-quoted averments comply with this requirement and are therefore proper.

Second, they argue that their medical malpractice claim is a compulsory counterclaim under Fed.R.Civ.P. 13(a) to the plaintiffs claim for unpaid medical bills. As such, they had no choice but to raise it in their answer or be permanently barred from pursuing it. As further support for their decision they assert that, while they did not have time to secure an expert’s report before filing their answer, they did rely on what one of Andrew Gough’s treating physicians told them about his treatment.

In reply, the plaintiff contends, without citation to authority, that the counterclaim is not a compulsory one. It also argues that the defendants should have investigated their potential malpractice claim in the two years since Andrew Gough’s hospitalization. If they had done so, they would have been in a position to plead their claim with certainty or to decide not to pursue it, instead of being forced to make it in an equivocal manner.

We reject the defendants’ interpretation of the 1993 amendment to Rule 11 as giving them a general license to plead a claim first and then allowing them to conduct the necessary investigation in support of it. The amendment’s intended effect is for more limited in scope. “Tolerance of factual contentions in initial pleadings by plaintiffs or defendants does not relieve litigants from the obligation to conduct an appropriate investigation into the facts that is reasonable under the circumstances; it is not a license to join parties, make claims or present defenses without any factual basis or justification.” Fed.R.Civ.P. 11, 1993 advisory committee’s note. However, we need not explore whether the greater flexibility granted pleaders in the 1993 amendment aids the defendants here because we agree with the defendants that their counterclaim is compulsory and that the compulsory nature of the claim required them to plead it in their answer, even though they may not have had sufficient evidentiary support for it at the time.

A counterclaim is compulsory if it “arises out of the same transaction or occurrence that is the subject matter of the opposing party’s claim____” Fed.R.Civ.P. 13(a). In interpreting this Rule, the Third Circuit has stated that the “operative question in determining if a claim is a compulsory counterclaim is whether it bears a logical relationship to an opposing party’s claim.” Xerox Corp. v. SCM Corp., 576 F.2d 1057, 1059 (3d Cir.1978) (citing Great Lakes Rubber Corp. v. Herbert Cooper Co., 286 F.2d 631, 634 (3d Cir.1961)). Such a relationship will be found if “separate trials of the claims would involve a substantial duplication of effort and time by the parties and the courts;” the claims “involve many of the same factual and legal issues or the same factual and legal issues;” and the claims “are offshoots of the same basic controversy between the parties.” Xerox Corp., 576 F.2d at 1059 (quoting Great Lakes, 286 F.2d at 634). Accord Metallgesellschaft AG v. Foster Wheeler Energy Corp., 143 F.R.D. 553, 558 (D.Del.1992).

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Cite This Page — Counsel Stack

Bluebook (online)
160 F.R.D. 467, 1994 U.S. Dist. LEXIS 20094, 1994 WL 780209, Counsel Stack Legal Research, https://law.counselstack.com/opinion/geisinger-medical-center-v-gough-pamd-1994.