In a closely watched case, the Third Circuit has opened a wide doorway for tort suits against health maintenance organizations, ruling that federal law does not pre-empt the right to sue if policies result in inadequate medical care. On Sept. 16, the court allowed Steve and Michelle Bauman to proceed in New Jersey state court on their claim that their HMO's policy discouraging hospitalization of newborns resulted in the death from meningitis of their 2-day-old daughter.
September 27, 1999 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
In a closely watched case, the Third Circuit has opened awide doorway for tort suits against health maintenanceorganizations, ruling that federal law does not pre-empt theright to sue if policies result in inadequate medical care.
On Sept. 16, the court allowed Steve and Michelle Bauman toproceed in New Jersey state court on their claim that their HMO’spolicy discouraging hospitalization of newborns resulted in thedeath from meningitis of their 2-day-old daughter.
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