The Assault on Managed Care: Vicarious Liability, Class Actions and the Patient's Bill of Rights

Posted: 5 Mar 2002

See all articles by Richard A. Epstein

Richard A. Epstein

New York University School of Law; Stanford University - Hoover Institution on War, Revolution and Peace; University of Chicago - Law School

Alan Sykes

Stanford University - Law School

Multiple version iconThere are 2 versions of this paper

Abstract

Public dissatisfaction with managed care has produced a number of legal initiatives that would increase the overall level of public regulation of managed care organizations. Among other things, these initiatives would limit the scope of remedial preemption under ERISA, expand the doctrines of vicarious liability and implied agency, adopt a general "patient's bill of rights," and subject managed care organizations to a mix of class actions by disappointed plan participants. This paper argues that most of these initiatives are ill-conceived, in the sense that they do not hold any realistic possibility of improving the performance of the health care system relative to the current set of tort and contract doctrines that are now in place.

Suggested Citation

Epstein, Richard A. and Sykes, Alan, The Assault on Managed Care: Vicarious Liability, Class Actions and the Patient's Bill of Rights. Journal of Legal Studies, Vol. 30, No. 2, Part 2. Available at SSRN: https://ssrn.com/abstract=301430

Richard A. Epstein (Contact Author)

New York University School of Law ( email )

40 Washington Square South
New York, NY 10012
United States
(212) 992-8858 (Phone)
(212) 995-4894 (Fax)

Stanford University - Hoover Institution on War, Revolution and Peace

Stanford, CA 94305-6010
United States

University of Chicago - Law School ( email )

1111 E. 60th St.
Chicago, IL 60637
United States
773-702-9563 (Phone)
773-702-0730 (Fax)

Alan Sykes

Stanford University - Law School ( email )

559 Nathan Abbott Way
Stanford, CA 94305-8610
United States

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