
doi: 10.2139/ssrn.273434
A child is seriously ill. She will not live much longer if steps are not promptly taken. However, her parents' HMO has denied approval for the treatment that she needs. According to her doctor, the treatment has a good chance of helping. It could extend her life by months or even years. The treatment is, however, expensive, more than her parents can pay. Also, the initial cost is just the beginning. As long as the child lives she will need expensive care. It is a burden that the HMO does not want to take. So, a few days from now--maybe less--she will lapse into unconsciousness and, soon after, she will pass away. Her parents ponder this and think: "We've paid premiums to that HMO for years. If she dies now, because of this denial, somebody ought to pay; the law should make somebody pay for letting our daughter die."
Criminal Law and Procedure, Decision Making, denial, Health Services Accessibility, Insurance Coverage, Medical care costs;Health care industry -- Malpractice liability;Homicide, Criminal Law, Humans, Medical Jurisprudence, medical treatment, Catastrophic Illness, Child, Gatekeeping, Social Responsibility, 340, Health Care Rationing, HMO, Malpractice, Health Maintenance Organizations, Liability, Legal, Refusal to Treat, Contract Services, Health Law and Policy, Euthanasia, Passive, United States, Physician Incentive Plans, Homicide, Law, Health Facilities, Proprietary
Criminal Law and Procedure, Decision Making, denial, Health Services Accessibility, Insurance Coverage, Medical care costs;Health care industry -- Malpractice liability;Homicide, Criminal Law, Humans, Medical Jurisprudence, medical treatment, Catastrophic Illness, Child, Gatekeeping, Social Responsibility, 340, Health Care Rationing, HMO, Malpractice, Health Maintenance Organizations, Liability, Legal, Refusal to Treat, Contract Services, Health Law and Policy, Euthanasia, Passive, United States, Physician Incentive Plans, Homicide, Law, Health Facilities, Proprietary
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