| TABLE OF CONTENTS
Prelude
I. Introduction
II. Historical
Background
A.
Overview of Historical Development
B.
Impact of Third-Party Payers on Health Care
C.
The Development of Managed Care Products
D.
Summary
III. Third-Party Party Cost
Containment Measure
A.
Utilization Review
B. Strict
Enforcement Through Financial Risk Shifting
C. Effects
of Cost Containment Measures on Health Care
IV. Traditional Theories of Liability
A.
Negligence (or Direct Liability) for Injuries
Caused by Cost Containment Measures
B.
Corporate Negligence Doctrine
C.
Respondent Superior Doctrine
D.
Ostensible Agency Doctrine
E.
Summary
V. ERISA as a Barrier to Compensation
for Injuries
A.
Background
B.
Corcoran v. United HealthCare
VI. The
Medical Injury Compensation Fund-A Proposal
A.
Problems with the Tort System
B.
Elements of a Medical Injury Compensation Fund
C.
Problems of a Medical Injury Compensation Fund
D.
Benefits and Consequences of a Medical Injury Compensation
Fund
E.
Summary
VII. Conclusion |
