Criminal prosecution for HMO treatment denial.
A child is seriously ill. She will not live much longer if steps are not promptly taken. However, her parents' HMO has denied approval for the treatment that she needs. According to her doctor, the treatment has a good chance of helping. It could extend her life by months or even years. The treatment is, however, expensive, more than her parents can pay. Also, the initial cost is just the beginning. As long as the child lives she will need expensive care. It is a burden that the HMO does not want to take. So, a few days from now--maybe less--she will lapse into unconsciousness and, soon after, she will pass away. Her parents ponder this and think: "We've paid premiums to that HMO for years. If she dies now, because of this denial, somebody ought to pay; the law should make somebody pay for letting our daughter die."
Humbach
John A
JA
Pace University School of Law, White Plains, New York, USA.
D002388:Catastrophic Illness / Q000191:economics; D002648:Child; D003416:Criminal Law / Q000331:legislation & jurisprudence*; D020793:Gatekeeping / Q000331:legislation & jurisprudence*; D006279:Health Maintenance Organizations / Q000191:economics / Q000331:legislation & jurisprudence*; D006801:Humans; D016365:Liability, Legal; D016079:Refusal to Treat / Q000941:ethics / Q000331:legislation & jurisprudence*; D014481:United States