| 摘要 |
A plan of countersuit insurance provided to professionals, possibly as part of or along with their professional liability insurance, deters frivolous professional malpractice claims. The plan of insurance pays legal costs of countersuits for improper prosecution when a frivolous claim has been made and, preferably, tried to a judgment for the accused professional, and an objective review concludes that the claim was frivolous. The objective review may include initiating a disciplinary proceeding against any expert witness before a professional society to which the witness belongs, for violation of the code of conduct imposed by the society on its members. Ordinarily, such a proceeding would not be initiated unless an initial review indicated at least a possibility of frivolousness, and therefore of success in the proceeding. The outcome of the proceeding could be treated as conclusive proof of frivolousness, or could be treated as just another factor in a frivolousness determination.
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