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Pagarigan v. Aetna U.S. Healthcare of California, Inc.

California Court of Appeal

2005 WL 2742807

Relevant factsFree

Elderly HMO member Pagarigan (plaintiff) was placed in a nursing facility under a chain of contracts running from Aetna's HMO (defendant) down through management and physician groups to Dr. Buttleman, who failed to timely treat her infection, pressure sores, malnutrition, and dehydration before she died; her children sued Aetna and its parent, and the trial court found Aetna owed no duty of care and dismissed the suit, prompting the appeal.

IssueFree

Whether an HMO may be held liable for a denial of medically necessary services or malpractice committed by health care providers the HMO contracted with to perform those services.

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