Secondly, HMOs are being sued under creative legal theories such as vicarious liability, medical malpractice, breach of fiduciary duty and claims brought under the unfair trade practices statutes. The woman was covered under the health plan of her husband, a school district administrator. She was diagnosed with cervical cancer. Since she already had two children and did not want any more, her OB-GYN recommended a hysterectomy to treat her cancer. When her doctor called the health plan to obtain approval for the hysterectomy, he was told it was not medically necessary based on the terms of the patient's contract.
Landlords are liable for pit bull attacks.
An auto repair shop owner's pit bull bit two people in the parking lot. The Maryland Court of Appeals determined that the dog was a dangerous condition in the mall's common area for which the landlord could be sued. The landlord argued that he wasn't liable for the attacks because he didn't have control of the dog. The landlord testified that the dog was too dangerous to have around and would be a threat to people on the premises who would be frightened by it. A tenant's pit bull attacked and killed a visiting child in the tenant's apartment.