Alliance for Patient Safety

                            All that is necessary for the triumph of evil...
                                                                ... is for good men to do nothing.

                                                                                                   Edmund Burke

Retaliation Against Olof Franzon, M.D.

    A physician sued a hospital, its governing committee and members of its medical staff committee claiming they had retaliated against him for advocating an enhanced role for nurse midwives at the hospital. The hospital's insurer refused to defend this claim, stating that the physician's claims were premised upon intentional conduct which was excluded from coverage. The hospital challenged the insurer's decision and eventually the court ruled that, based on the terms of the policy, the insurer had a duty to defend. However, the court did recognize that just because the insurer had an obligation to defend the claims, did not mean that the insurer would be ultimately responsible for damages should the plaintiff prevail on the merits.