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Supreme Court limits patients' right to sue HMOs.

Publication: Trial
Publication Date: 01-AUG-04
Format: Online
Delivery: Immediate Online Access
Full Article Title: Supreme Court limits patients' right to sue HMOs.(health maintenance organizations)

Article Excerpt
A unanimous Supreme Court dealt a blow to patients' rights with its recent ruling that consumers cannot sue their employer-sponsored managed health care plans in state court for refusing to pay for medical treatment. (Aetna Health, Inc. v. Davila, Nos. 02-1845, 03-83, 2004 WL 1373230 (U.S. June 21, 2004).)

The insurance industry lauded the decision, but plaintiff attorneys and doctors' groups expressed disappointment, noting the adverse effect it would have on the rights of millions of people covered by HMOs to seek compensation when they are injured by a plan administrator's decision to delay or deny medical treatment.

"This decision takes away the rights of states to protect their own citizens, and it takes away any recourse injured patients have to hold their HMOs responsible for bad medical decisions," said David Casey, ATLA immediate past president. "Medical decisions should...

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