American Journal of Law & Medicine

Malpractice & negligence: health maintenance organization held vicariously liable for negligence of independent contractor physicians.(Illinois)

Malpractice & Negligence: Health Maintenance Organization Held Vicariously Liable for Negligence of Independent Contractor Physicians--Petrovich v. Share Health Plan of Illinois, Inc.(1)--The Supreme Court of Illinois held that a health maintenance organization (HMO) may be vicariously liable for the negligence of its independent contractor physicians under the doctrines of both apparent authority and implied authority.(2)

Plaintiff Inga Petrovich received health care through an employer-selected HMO, Share Health Plan of Illinois (Share). Share required plan subscribers to select a primary care physician from a list of Share participants. Primary care physicians are responsible for plan members' overall care and could authorize referrals when necessary. …

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