Pilots not disclosing medical history leads to controversy
May 3, 2012, 01:45 pm
Some pilots are not disclosing their medical history, leading to problems during flights. In light of recent in-flight incidents - one pilot had a nervous breakdown and another suffered a fatal heart - many have spotlighted pilot medical disclosure as an area of potential problems.
"Besides putting passengers in a potentially risky position, airline companies and their insurers could be exposed to significant liability in the event of an accident, even if it turned out that the pilot had withheld critical information from the FAA, his or her employer and insurer," said Douglas Amster, a shareholder at a national law firm. "Although some jurisdictions have laws that may shield an insurer from coverage if a medical condition was not disclosed or was misrepresented, other jurisdictions require the establishment of a causal connection before the insurer could be released due to such nondisclosure or misrepresentation."
The Airman Medical Application is required in order to receive Federal Aviation Administration medical certification. The form asks questions and explanations related to a wide array of conditions, including heart or vascular trouble and mental disorders of any sort.
An FAA report documented hundreds of fatal accidents to a pilot not relinquishing medical information. In some cases, a pilot would be receiving disability benefits from the Social Security Administration but still flying planes.
The Aircraft Owners and Pilots Association, which represents the largest number of pilots in the country, filed a petition with the FAA to exempt pilots from relinquishing medical information. Of the 4,000 pilots who responded to the petition at a recent AOPA event, 97 percent expressed they were in favor of the exemption. The AOPA believes with the exemption, pilots would opt for training and education to help them self-assess their health.
Others are calling for, at the very least, stricter medical reporting and requirements. Amsler still warns of a glaring problem.
“Until something is done to address this reporting gap, airline carriers and insurers may continue to be exposed to significant liability even if they have complied with all of their regulatory responsibilities," he said.
Pilot life insurance is always a good way to stay prepared for the future, even without a medical history.
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