Medical Malpractice and Managed Care Organizations: The Implied Warranty of Quality

Managed care organizations (MCOs) have become prime targets in the new medical malpractice litigation, but getting a judgment against an MCO can be difficult. It is argued that courts should impose a tort-based implied warranty of quality on MCOs, under which they would be liable for selling physici...

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Veröffentlicht in:	Law and contemporary problems 1997-01, Vol.60 (2), p.117-157
1. Verfasser:	Brewbaker, William S.
Format:	Artikel
Sprache:	eng
Schlagworte:	Bodily injury liability Health Care Health maintenance organizations Implied warranties Implied warranty Law Legal liability Liability Litigation Malpractice Malpractice and Managed Care: How Should Tort Law Respond to Changes in the Delivery of Medical Care? Managed care Medical care Medical malpractice Medicine Physicians Professional negligence Quality of service Strict liability Torts U.S.A United States Vicarious liability
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Beschreibung
Zusammenfassung:	Managed care organizations (MCOs) have become prime targets in the new medical malpractice litigation, but getting a judgment against an MCO can be difficult. It is argued that courts should impose a tort-based implied warranty of quality on MCOs, under which they would be liable for selling physician services that are negligently rendered.
ISSN:	0023-9186 1945-2322
DOI:	10.2307/1192221