This digital document is an article from Trial, published by Association of Trial Lawyers of America on March 1, 1997. The length of the article is 3846 words. The page length shown above is based on a typical 300-word page. The article is delivered in HTML format and is available in your Amazon.com Digital Locker immediately after purchase. You can view it with any web browser.
From the supplier: Health maintenance organizations (HMO) tend to use ERISA's preemption provisions when sued for medical malpractice. The complete preemption defense is generally not sufficient grounds for the removal of a malpractice claim from state to federal court. Plaintiffs' attorneys can usually avoid substantive preemption by thoroughly distinguishing the plan from the HMO, except in denial-of-benefits cases. Common HMO defenses and ways to challenge them are discussed.
Citation Details
Title: Protecting medical malpractice claims against ERISA preemption.
Author: Linda A. Way
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Protecting medical malpractice claims against ERISA preemption.: An article from: Trial
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