Scalia does not depend on an HMO
WASHINGTON, June 21 — The Supreme Court ruled unanimously today, that patients cannot use state courts to sue H.M.O.'s for malpractice when treatment recommended by their doctors is withheld.
The decision rejected the arguments of lawyers for Juan Davila. Mr. Davila was prescribed Vioxx by his doctor for arthritis but was required under his Aetna health plan to try less expensive medications first. One of those caused severe internal bleeding.
"To say that the plan condemned them to not using Vioxx is simply not true," Justice Antonin Scalia told George P. Young, a lawyer for the patients. "All you're talking about here is money."
"Well," Mr. Young replied, "the truth is, your honor, that neither of these claimants would have needed health insurance if they had the independent means to just whip out a gold card and pay for the drug."
I'm sure Cheney takes care of all his bills.
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