Identifying ‘Bad Apples’ Key to Stopping Intentional Torts

There have been several high-profile medical lawsuits that have captured the media and the public’s attention.

From the case of Larry Nassar, convicted of sexually molesting female gymnasts, to a campus gynecologist accused of sexual misconduct at the University of Southern California, claims of professional negligence are growing more complex with accreditation, Medical Board, and criminal implications.

While there are many credible claims, there are also cases of false claims.

In a recent issue of THE SOURCE, from the Southern California Association for Healthcare Risk Management, Constance Endelicato addresses the navigating through alleged intentional torts.

When faced with litigation involving sexual abuse or other extreme intentional torts, one must consider the facts as a whole to determine the circumstances of the incident. First, it is important to determine whether the perpetrator is an employee or independent contractor. This will play an important role in determining whether there exists any coverage issues. Coverage counsel should be consulted to determine whether a viable reservation of rights exists.

Click the link to read THE SOURCE from SCAHRM.