The headline of the June 14 editorial “Sue your HMO? Bad idea” was more than a bit misleading.
The editorial agrees with the position that HMOs should be held responsible for “unwise medical decisions” in which courts have awarded punitive damages. In such cases it has been proved that the HMOs directed a doctor to engage in the “unwise decision.” Such doctors are guilty of malpractice and the HMO is also guilty of wrongful action under the legal concept of “principle-agent responsibility.”
Under current legislation, “well-intentioned” employers could not be held liable unless it is shown that employers directed the doctor to engage in the malpractice. Employers who merely pay for HMO coverage for their employees cannot be liable. But HMOs that are also employers who contract with doctors and direct them to engage in malpractice would and should be held responsible. How can that be such a “bad idea?”
