HMOs Can‘t Be Sued Over Care Denial

Monday, June 21st, 2004 Life & Health

The Supreme Court said Monday that patients who claim their HMOs wouldn‘t pay for recommended medical care cannot sue for big malpractice damages, removing a weapon that trial lawyers and patient rights advocates said was crucial to keep the insurers honest. The court was unanimous in saying that two HMO patients in Texas cannot pursue big malpractice or negligence cases against their insurers in state court, as they claimed a Texas patient protection law allowed them to do. The case involves an issue that has stymied Congress, which has tried and failed to pass national patients‘ rights legislation. Some states have passed their own patient protection laws in the meantime, but the scope of protection varies.

---

http://www.msnbc.msn.com/id/5262021/

---