Deborah M. Eng, MS, MA and Scott J. Schweikart, JD, MBE
A just culture perspective suggests that punitive responses to those who err should be reserved for those who have willfully and irremediably caused harm.
AMA J Ethics. 2020;22(9):E779-783. doi:
10.1001/amajethics.2020.779.
The Employee Retirement Income and Security Act (ERISA) has created a loophole through which managed care organizations can escape liability for full compensatory damages solely because the patient is insured by his or her employer.
The purpose of assessing dangerousness is to determine whether an individual poses a risk of endangering self or others now or in the near future and to identify what interventions are necessary to minimize that risk.