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PubMed1995

Is liability possible for forensic psychiatrists?

Forensic psychiatrists are not as vulnerable to liability as general psychiatrists. The absence of a traditional physician-patient relationship and judicial and quasijudicial immunity are all protective against malpractice actions. Although the absence of a doctor-patient relationship removes an essential element of malpractice, other types of liability such as defamation and ordinary negligence are possible and may not be covered by malpractice insurance. A model is proposed for forensic psychiatry of a partial secondary doctor-patient relationship out-weighted in most circumstances by duties to truth and/or the hiring attorney. Such a model seems most consistent with conflicting duties currently forced on all psychiatrists. This model has advantages of a duty, a violation of which is likely to be covered by malpractice insurance. Rather than deemphasizing partial secondary physician-patient responsibilities, it is advised to stress the important protection provided by judicial and quasijudicial immunity.

Forensic Psychiatry↗
PubMed1996

American cigarette manufacturers' ability to pay damages: overview and a rough calculation.

The American cigarette industry's ability to pay large damage awards and settlement costs is not limited to its current annual profits of $7.6 billion, or $0.31 per pack. Much larger liability payments could be financed through increased wholesale cigarette prices or higher excise taxes. An increase in the federal cigarette excise tax of 50 cents per pack could yield an estimated $10.8 billion annually in net revenues available for liability costs, while the industry would still retain $5.4 billion, or $0.25 per pack, in pre-tax profits. An increase in cigarette price from its current $1.88 per pack to the full, monopoly profit-maximising level of $4.08 per pack would make more than $32 billion available annually for liability payments or pre-taxed profits.

Humans↗