Original Article

Firearm Counseling by Physicians: Coverage under Medical Liability Insurance Policies

Authors: Frederick A. Paola, MD, JD

Abstract

Background: Physicians who offer firearms counseling may increase their legal liability, depending on the attitudes of their medical malpractice insurance carriers.

This content is limited to qualifying members.

Existing members, please login first.

If you have an existing account please login now to access this article or view your purchase options.

Purchase only this article ($15)

Create a free account, then purchase this article to download or access it online for 24 hours.

Purchase an SMJ online subscription ($75)

Create a free account, then purchase a subscription to get complete access to all articles for a full year.

Purchase a membership plan (fees vary)

Premium members can access all articles plus recieve many more benefits. View all membership plans and benefit packages.

References

1. Cassel CK, Nelson EA, Smith TW, Schwab CW, Barlow B, Gary NE. Internists’ and surgeons’ attitudes toward guns and firearm injury prevention. Ann Intern Med 1998; 128: 224–230.
2. Davidoff F. Reframing gun violence. Ann Intern Med 1998; 128: 234–235(editorial).
3. American College of Physicians. Firearm injury prevention. Ann Intern Med 1998; 128: 236–241.
4. American Medical Association. Talk to your patients about gun safety. Am Med News 1998Nov 9; 9: 39(editorial).
5. Brown RL, Goldman LS. Physician Firearm Safety Guide. Chicago, American Medical Association, 1998.
6. Paola F. Physicians, firearm counseling, and legal liability. South Med J 2001; 94: 88–92.
7. Fiscina S, Boumil MM, Sharpe DJ, Head M. Medical Liability. St. Paul, MN, West, 1991.
8. Rice WE. Insurance contracts and judicial discord over whether liability insurers must defend insureds’ allegedly intentional and immoral conduct: A historical and empirical review of federal and state courts’ declaratory judgments—1900–1997. Am UL Rev 1998; 47: 1131, 1146.
9. Hecla Mining Co v New Hampshire Ins Co, 811 P2d 1083, 1089 (Colo 1991).
10. Shell Oil Co v AC&S, Inc, 649 NE2d 946, 949 (Ill App Ct 1995).
11. RJ Reynolds Co v California Ins Guar Ass'n, 235 Cal App 3d 595, 599 (Cal Ct App 1991).

No one needs love more Than someone who doesn't deserve it. - ––Author unknown