US 6,272,471 B1 · Method and apparatus for deterring frivolous professional liability claims

Abstract

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. As part of the insurance plan, the names of covered professionals are posted on a publicly accessible database. If a potential plaintiff or his or her attorney finds a potential defendant's name on the database, it may be a deterrent to filing weaker claims that might be viewed as frivolous. Upon approval of an applicant for such countersuit insurance, the applicant's name is posted to a public database such as a central database on a World Wide Web site, or it is posted to an in-house database at the insurance carrier, which is accessible, along with other carriers' databases, through a central search engine on a World Wide Web site. Instead of, or in addition to, access via the Internet, access can be provided through a dial-up facility.

Claims21

Dependent claims

A method of deterring prosecution of frivolous professional liability claims against professionals, said method comprising:

offering to professionals a plan of insurance for paying legal costs of prosecuting an improper prosecution claim against a proponent of a frivolous professional liability claim;
receiving applications from professionals for said insurance;
accepting professionals, from whom said applications are received, for coverage under said plan of insurance;
maintaining a database of professionals covered under said plan of insurance;
linking said database to a publicly-accessible data communications interface for viewing and searching by any member of the public;
and
publicizing existence of said database.

4 more elements

Apparatus for deterring prosecution of frivolous professional liability claims against professionals, said apparatus comprising:

an offering unit for offering to professionals a plan of insurance for paying legal costs of prosecuting an improper prosecution claim against a proponent of a frivolous professional liability claim;
an application receiving unit for receiving applications from professionals for said insurance;
an application processing unit for processing said received applications and accepting professionals, from whom said applications are received, for coverage under said plan of insurance;
storage linked to said application processing unit for maintaining a database of professionals covered under said plan of insurance;
and
a communications unit for linking said database to a publicly-accessible data communications interface for viewing and searching by any member of the public, existence of said database being publicized.

3 more elements

A system for deterring prosecution of frivolous professional liability claims against professionals, said system comprising:

means for offering to professionals a plan of insurance for paying legal costs of prosecuting an improper prosecution claim against a proponent of a frivolous professional liability claim;
means for receiving applications from professionals for said insurance;
means for processing said received applications and accepting professionals, from whom said applications are received, for coverage under said plan of insurance;
storage means linked to said application processing means for maintaining a database of professionals covered under said plan of insurance;
and
means for linking said database to a publicly-accessible data communications interface for viewing and searching by any member of the public, existence of said database being publicized.

3 more elements

Dependencies are inferred from the claim text.

Method and apparatus for deterring frivolous professional liability claims

Life of this patent

Method and apparatus for deterring frivolous professional liability claims

Life of this patent

Abstract

Claims21