Patient Safety | 03.28.23
With Sex Assault Cases on the Rise, Insurers Tighten Hospital Liability Exclusions
by Insurance Journal
A patient at Westchester General Hospital in Miami has filed suit for a sexual assault allegedly committed by a hospital worker in 2019 while she was sedated. A federal appeals court ruled that the wording of the hospital's general liability policy with Evanston Insurance Co. was ambiguous and that the insurer has a duty to defend the hospital in a $50 million negligence suit brought by the victim and her husband. In Florida, hospitals cannot be automatically held liable for all actions of its employees. In many cases, plaintiffs have to show that the culprit employee was acting within the course and scope of their employment. Scott Mendelstein, Managing Shareholder of the Falk Waas law firm in Florida, says, "Nationwide, it's a hot topic with insurers on whether they going to cover that or not. Insurers are trying to exclude this type of coverage."
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