Medical and Insurance?

"dale" wrote in message ...
If you have a current medical but are taking a disqualifying drug, then you
are technically grounded?

I believe so.

If you are not aware that the drug is disqualifying, are you then safe?

I doubt it, as it is your responsibility to find out.

If you continue to fly and the FAA somehow has a reason to check into your
medical, can they get access to your medical records?

How should I know....I'm not a doctor or a lawyer...just kidding, I
really don't know and am a little shaky about my first 2 answers
anyway.

If involved in an accident will your insurance refuse to cover you because
of the disqualifying drug? Even if it had nothing to do with the accident?

Most insurance companies will use any whiff of an excuse to not pay a
claim.

Well, that's my 2 cents for whatever it's worth......can't get much
lower than 2 cents.

Ken J. - Just kibitzing in Sand me Eggos

"dale" wrote in message ...
If you have a current medical but are taking a disqualifying drug, then you
are technically grounded?

Yes



If you are not aware that the drug is disqualifying, are you then safe?

No...It's your responsibility to check prior to taking it.



If you continue to fly and the FAA somehow has a reason to check into your
medical, can they get access to your medical records?

Those of yours that are with the issuing Md.


If involved in an accident will your insurance refuse to cover you because
of the disqualifying drug? Even if it had nothing to do with the accident?


You bet they'll use it against you in a heartbeat.

Craig C.

"dale" wrote in message ...
If you have a current medical but are taking a disqualifying drug, then you
are technically grounded?


Yes.


If you are not aware that the drug is disqualifying, are you then safe?


Probably not, since as PIC you're responsible for obtaining all
necessary information for a safe flight.


If you continue to fly and the FAA somehow has a reason to check into your
medical, can they get access to your medical records?


Not without your permission, which you may have inadvertently given if
you signed a blanket release.


If involved in an accident will your insurance refuse to cover you because
of the disqualifying drug? Even if it had nothing to do with the accident?


Very likely. They'll sieze on any excuse to get out of paying a
claim.

See http://www.aopa.org/members/resources/medical.html

If you're not already a member of AOPA, join.

"dale" wrote
If you have a current medical but are taking a disqualifying drug, then you
are technically grounded?

Yup

If you are not aware that the drug is disqualifying, are you then safe?

That depends. From the FAA? No. The FAA has no due process and does
what it wants. In civil and/or criminal matters, it's not so clear
cut.

If you continue to fly and the FAA somehow has a reason to check into your
medical, can they get access to your medical records?

Yes - provided one of two things happens.

They can get your medical records if your doctor rolls over and
releases them. Some will, some won't. I make it a point to tell my
doctor not to release my medical records to anyone I have not
specifically authorized. Nobody wants a lawsuit. My doctor is not an
AME or a pilot, and thus the FAA has no lever to use against him.

The other option - the FAA can get a court order. But this is not an
automatic process. Most judges won't issue one unless there's
probable cause. The FAA can't just go on a fishing expedition into
your medical records unless your doctor allows it.

If involved in an accident will your insurance refuse to cover you because
of the disqualifying drug? Even if it had nothing to do with the accident?

Well, the insurance company can try. Maybe they will, maybe not. A
lot depends on what they think they can get away with.

Generally, an insurance company will deny a claim if they believe they
can get away with it and it won't hurt future business too badly.
I've never seen a situation where a pilot had an accident with an
invalid medical, but I have seen one where the pilot had an accident
with an expired BFR. The accident was 100% pilot error (landed
downwind, ran into trees at end of runway). Insurance paid. I've
also seen one where a student pilot (in a glider) took a tow above a
broken layer (operating without visual reference to the surface is a
no-no for student pilots), got lost, landed off aiport, and severely
damaged the glider. Insurance paid.

In general, unless the insurance company believes they will win the
inevitable lawsuit by the named insured, they're going to pay. A jury
is highly unlikely to be sympathetic to an insurance company that
decides not to pay when an engine failure causes a forced landing
because the named insured was taking a disqualifying medication.
They're likely to think that the medication isn't relevant to the
accident, that the insurance company is just trying to weasel out on a
technicality, and award the plaintiff the entire claim, legal fees,
court costs, and anything else they can think of. Insurers know this
- that's why denying claims on this basis is very, very rare.

Michael

OK,

As a lurking AME, my take is

1) There is no official list ok approved and disapproved drugs.

2) The AOPA list is not official but somehow, mysteriously, some
kind soul at Oak City keeps it honest to current medical standards.
He told me so himself, but I can't say who.

3) You are responsible for knowing (through any number of means) about
the acceptability of the drugs you take. No exceptions.

4) The FAA is very unlikely to come looking for you unless you give them
a big reason.

5) If you crash, just keep in mind that the FAA has a wonderful lab
in Oak City where a few blood and or tissue samples will confirm exactly
what you took. Please note that this swings both ways. The FAA lab
has been absolutely invaluable to families where the local coroner
detected alcohol, but the FAA proved it was post-mortem and not
a reason to deny a claim.

6) Finally, if you play ball, almost no one gets a permanent denial.
Almost anything can be appealed and will get a special issuance if you
provide what Oak City requests as documentation. The main
permanent disqualifiers these days are heart transplants or active
psychosis (sorry to many RAH denizens ;-) )

7) Finally, IMHO and total not official is that SSRI meds are being
reexamined and may be rendered non-disqualifying in the near future.
Just don't hold me to it.

Ira N224XS (out of paint shop, into upholstery)

"Ira Rampil" wrote in message
...
OK,

As a lurking AME, my take is


7) Finally, IMHO and total not official is that SSRI meds are being
reexamined and may be rendered non-disqualifying in the near future.
Just don't hold me to it.

Ira N224XS (out of paint shop, into upholstery)

What are SSRI meds?
--
---Jim in NC---

Ira Rampil wrote:

7) Finally, IMHO and total not official is that SSRI meds are being
reexamined and may be rendered non-disqualifying in the near future.
Just don't hold me to it.

"Hey look, more thunderstorms ahead. No biggie though, we'll just
ease on through." -- Prozac Pete

There are also certain meds used both for depression, and in much
lower doses, for preventing migraine headaches. I suspect that the
concern is with the listed side-effect of drowsiness, but as I
understand it, side effects vary from person to person. I'm sure that
migraine sufferers would be delighted if those meds made it onto the
approved list as well.

Russell Kent wrote in message ...
Jim Morgans asked:

What are SSRI meds?

SSRI: Selective seratonin reuptake inhibitor
A whole class of "feel good" medications used for the treatment of certain
pschological conditions (notably depression). Examples: Paxil, Prozac,
Zoloft, Celexa, Luvox/Apo-Fluvoxamine, Lexapro, Sarafem/Fluoxetine

Russell Kent

"Corrie" wrote in message
om...
There are also certain meds used both for depression, and in much
lower doses, for preventing migraine headaches. I suspect that the
concern is with the listed side-effect of drowsiness, but as I
understand it, side effects vary from person to person. I'm sure that
migraine sufferers would be delighted if those meds made it onto the
approved list as well.

True, true. I used to have migraines, and took these medicines, but to my
surprise, when I was about 42, I grew out of the headaches. I no longer
take the stuff.

I was on it long enoug to know that there is no imparement, taken at those
low levels.
--
Jim in NC--

True, true. I used to have migraines, and took these medicines, but to my
surprise, when I was about 42, I grew out of the headaches. I no longer
take the stuff.

From your lips to God's ears. I've got a pounder right now that's
laughing at the Imitrex. Too much caffeine today I think.