Symposium: health science liability. Introduction.
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Healthcare organizations' profitability can be severely affected by an environmental incident for which the organization is liable. Environmental insurance can help healthcare organizations protect their businesses. Healthcare organizations often purchase a standard pollution and remediation expenses, expenses related to bodily injury and property damage, and legal expenses. Insurance policies also can be tailored to meet an organization's specific types of environmental-liability exposure.
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The term "whiplash," used to describe a neck injury received in an automobile accident, has no foundation in medical science to support the complaints of persons suing for damages. The term is gaining unwarranted popularity as a term describing an injury, even though there are no clinical or pathological findings to support it."Whiplash" cases today account for an estimated 30 per cent of all injuries in automobile accidents. Direct compensation for damages paid to persons injured in automobile accidents in the United States in 1961 amounted to approximately one billion, seven hundred million dollars. It has been estimated that five hundred and eighty million dollars of that amount was paid in compensation on allegation of neck injuries.
Although familiar with the insanity defense, psychiatrists know little about the liability of mentally ill persons in civil actions or the secondary liability of their insurers. Generally the mentally ill are responsible civilly for their actions regardless of mental state except where the law requires specific intent and the illness negates such intent. Psychiatrists and other mental health workers may thus have grounds for suit against patients who injure them. While insurance coverage may exclude intentional acts, insurers may be civilly liable, even for blatant criminal acts. The author reviews the relevant laws and presents illustrative case examples.
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