Legal Question in Civil Rights Law in California

A prison inmate/patient who is representing himself pro se is suing me. He accused me and another defendant of forcibly administering psychotropic medication without sufficient cause. I am represented by a state assistant DA who is inexperienced. My co-defendant is an independent contractor and has a private attorney representing her for the same allegation. I am seasoned enough to know that I can also be sued by the former inmate/patient for professional negligence in state superior court. Would a preliminary cause of action of this type preclude my obtaining professional liability coverage on a new insurance policy for both venues, even though there has only been a filing in Federal District Court. Also, I occasionally serve as an expert witness in civil rights violations allegations on behalf of inmates and also for defendants in out of state cases. Should that sort of professional activity be covered by professional liability insurance?


Asked on 7/18/14, 3:58 pm

1 Answer from Attorneys
Charles Perry Law Offices of Charles R. Perry

The insurance company will take all sorts of factors into account in deciding whether to issue a new policy. Claims against you as a driver will be taken into account in deciding whether to issue you car insurance; claims against you professionally will be taken into account in deciding whether to issue you professional liability coverage (or may be taken into account in determining your premium). You will need to talk to your insurance broker about this.

Whether your activity as an expert witness is covered by your malpractice policy is determined by the policy's terms. It is not possible to say whether it is covered without reviewing the policy.

If you are nervous about the skill set of your assistant DA, you may wish to speak to private counsel about the situation.

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Answered on 7/19/14, 2:43 am


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