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HMO Liability Part II: Erisa Preemption & The Saga of Corporate Greed Continues
/ by Mark AbramsonI. Introduction:
In our previous article 1 , we offered an overview of the emerging area of tort law involving the liability of health maintenance organizations (HMOs) for medical injuries. In the process, we briefly introduced the complex issue of ERISA preemption. 2 This article provides a more extensive analysis of ERISA preemption. Read more
The Law of Nursing Malpractice
/ by Mark AbramsonI. Introduction:
Nearly twelve years ago, Erline A. Reilly wrote that “most New Hampshire attorneys know nothing about nursing law.” 1 As a lawyer and a registered nurse, Attorney Reilly had a unique insight into this issue. Read more
Recent Developments in Hospital Liability
/ by Kevin DuganBy Kevin F. Dugan and Randolph J. Reis
The number of legal theories which have been asserted against hospitals in medical negligence cases has increased dramatically in recent years. This can be explained by the courts’ gradual recognition that restrictions on hospital liability are generally inappropriate in light of the dual role that the modern hospital plays as both a community medical center and a corporate enterprise. In response to this realization, certain common law theories of vicarious liability have been adapted to the hospital-physician-patient relationship. Read more