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.
    See:
    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.
    See:
    Rest. 2d of Torts s. 424
    Fulton v. Anchor SB, 452 SE2d 208 (GA 1994)
    Jackson v. Power, 743 P2d 1376 (AK 1987)

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