Article: Litigating claims against managed health care organizations: trend for the 1990s.

In the relatively recent past, medical negligence claims were straightforward: A claim was asserted either against a treating physician for negligence or against a hospital responsible for the negligence of a nurse or some other staff personnel. Most of the voluminous reported case law concerning medical negligence fits this scenario.

Within the past 10 years or so, in response to legitimate concerns about spiraling health care costs, both public and private payors of health care bills have experimented with a variety of cost-containment mechanisms. Many of these "mechanisms" directly affect the health care process.

Managed health care organizations, such as ...

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