Brannan v. Northwest Permanente, P.C.
United States District Court of Western District of Washington
2006 WL 2794881
Brannan (plaintiff) sued her HMO-employed physician, Dr. Lin, and his employer (defendant) for medical malpractice after Lin failed to order a cardiovascular evaluation that might have caught her heart condition. Brannan sought Lin's employment contract and bonus-calculation documents, theorizing that HMO financial incentives discouraged doctors from ordering referrals and tests, but Lin testified he didn't even know how his own bonus was calculated. The defendant argued the physician's financial motives were irrelevant where the only real issue was whether Lin breached the applicable standard of care.
Whether a physician's financial motives for declining to provide a referral or diagnostic test may be considered in determining negligence in a medical malpractice action.