Business Law-Analyze whether the family has a legitimate claim against the HMO and the primary care physician

Business Law:

After completing this week\’s readings, review the below case study and and answer the presented questions.  Patient X died after suffering a heart attack.  Although the patient had recently visited her primary physician and presented symptoms of cardiac symptoms including a family history of cardiac trouble.  Her primary care physician did not refer her to a cardiologist.  The patient\’s family sued the HMO (health maintenance organization) for failing to disclose the financial incentive system it provided to physicians to minimize referrals to specialists including a cardiologist.

Analyze whether the family has a legitimate claim against the HMO and the primary care physician. Explain the supporting evidence as well as precedent case law to support your conclusions.

Instructions: Please provide a two to three page analysis of the above case study per APA formatting.  A cover page and reference page are not included in the page count.

Module 2 Assignment Rubric (1)

Module 2 Assignment Rubric (1)

Criteria Ratings Pts

This criterion is linked to a Learning Outcome Analyzes Whether the HMO would be Liable

4.5 pts

Full Marks

0 pts

No Marks

4.5 pts

This criterion is linked to a Learning Outcome Critical Thinking: Evidence

0.5 pts

Full Marks

0 pts

No Marks

0.5 pts

This criterion is linked to a Learning Outcome Written Communication: Control of Syntax and Mechanics

0.5 pts

Full Marks

0 pts

No Marks

0.5 pts

This criterion is linked to a Learning Outcome Written Communication: APA Formatting

0.25 pts

Full Marks

0 pts

No Marks

0.25 pts

This criterion is linked to a Learning Outcome Written Communication: Page Requirement

0.25 pts

Full Marks

0 pts

No Marks

0.25 pts

Total Points: 6

 

This week we discussed medical staff and personnel concerning their privileges and credentialing.  We saw the importance of proper review of medical staff in order to provide the proper privileges. Liability can arise when medical staff are provided the wrong credentials.  This in turn leads to medical malpractice.  Medical staff are required to have some type of insurance even if self insured. Insurance is a contract with a company that agree to assume some of the risk associated with the risk of the insured party for a payment of the premium.  Insurance is not simply to provide medical treatment but also to protect the medical staff.