Important development to note here: “Texas Jury Finds Humana HMO Liable in Wrongful Death Lawsuit.”
Another article on the development: “Others may copy Humana suit: Insurer held liable over patient’s care.” Excerpt:
A $4.6 million judgment against Humana in a Texas wrongful-death case could lead to more suits against employer-sponsored health plans over patients’ care, legal experts say.The jury found Humana didn’t live up to its promise to coordinate medical care for the woman, who died at 66 of kidney-failure complications.
Health-law experts say the case illustrates an opening left by a U.S. Supreme Court decision last year that shut the door on many damage suits against health insurers.
According to the article, a “key piece of evidence in the three-week trial was Smelik’s Humana member handbook, which said the insurer would identify cases of chronic disease and make treatment recommendations to the patient, family and doctor.”