Editorial: Court likely will bypass right to sue

Thursday, Feb. 24, 2000 | 9:29 a.m.

The U.S. Supreme Court heard oral arguments Wednesday about Cynthia Herdrich's claims that an Illinois HMO's refusal to provide timely diagnostic tests resulted in a burst appendix, which required emergency surgery. But based on news accounts of the court's hearing, it doesn't appear that the justices have the appetite to allow patients such as Herdrich to sue HMOs that offer their physicians financial incentives to control treatment costs.

The court's reluctance means that the Republican-led Congress should stop its stalling and pass a patient's bill of rights, which will give people the right to sue an HMO if a health plan's decision results in them being harmed. It is unconscionable that HMOs have a legal shield to protect them from legitimate lawsuits -- a protection, by the way, that isn't accorded any other business. If a health plan severely cuts costs -- and with it patient care -- then it should be prepared to pay the consequences if this results in harm.

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