It mandates protections to assure consumers and providers are treated fairly and appropriately. Health plans have increasingly intervened in medical decision-making by overriding the clinical judgment of treating physicians. Allowing plans to escape liability for negligence due to a legal loophole places patients in serious jeopardy. It is actually the American Medical Association's rationale for supporting the restoration of state liability laws. And when you consider that also includes the ability to hold managed care plans legally responsible for damages caused by denying care, it's the bargain of the century.
Liability is based upon the decision made.
Trial lawyers are proud to support protections for workers and their families, and their rights in a free market system to hold HMOs accountable and responsible under our state laws. Trial lawyers earn their money, however, only after they have proven that their clients have been injured by the negligent actions of an insurer. Yes, but only after they have shown that the treatment they provide is necessary for their patients' care. Yes, they will. The Montana Trial Lawyers Association has not endorsed Deschamps or Hill.