Health Administration Responsibility Project
Tort Theories of HMO liability

Direct Liability Theories

Vicarious Liability Theories

Miscellaneous Tactics

Direct Liability = "corporate negligence" Vicarious Liability
  • Contractual Non-delegable Duty
    The HMO contracts to provide a patient with medical care. It can't escape that duty by delegating it to an independent contractor or anyone else. Degree of HMO control is irrelevant.
    Rest.2d of Agency s.214
    Atlantic v. Napoleon, 385 So.2d 676 (FL 1980)
    Jenkins v. Charleston GH, 110 SE 560 (WV 1922)
    Bagley v. Insight, 658 NE2d 584 (Ind. 1995)
  • Statutory Non-delegable Duty
    Many states have statutes requiring HMOs to provide medical care to their members. These statutory duties are generally non-delegable, as is asserted in Hughes v. Blue Cross of Northern Calif.
    Rest. 2d of Torts s. 424
    Fulton v. Anchor SB, 452 SE2d 208 (GA 1994)
    Jackson v. Power, 743 P2d 1376 (AK 1987)

    HARP Home Page Top of Page

    Please send comments, suggestions and relevant citations to