ERISA preemption of medical negligence claims against HMO's: Perceived conflict between Pennsylvania Supreme Court and 3rd circuit paves way for showdown in U.S. Supreme Court
✍ Scribed by Stephen A. Ryan; Marshall; Dennehey; Warner; Coleman; Goggin
- Book ID
- 102348585
- Publisher
- Wiley (John Wiley & Sons)
- Year
- 2001
- Tongue
- English
- Weight
- 471 KB
- Volume
- 21
- Category
- Article
- ISSN
- 1074-4797
No coin nor oath required. For personal study only.
✦ Synopsis
Three recent cases, two decided by the U.S. Court of Appeals for the Third Circuit, Luzorko v. Pennsylvania Hospital' and Pryzboeuski v. U.S. Healthcare', and a decision by the Pennsylvania Supreme Court, Pappas v. U.S. Healthcure3 (Pappas II), have set the stage for a possible landmark decision by the highest court in the landone which will have a tremendous impact on providers and consumers of medical services and their respective insurers, changing the way managed care organizations operate, or placing the imprimatur of the high court on a lesser standard of medical care for subscribers to HMO coverage under an employee benefit plan.