Managed care organizations (MCOs) have become prime targets in the new medical malpractice litigation, but getting a judgment against an MCO can be difficult. It is argued that courts should impose a tort-based implied warranty of quality on MCOs, under which they would be liable for selling physician services that are negligently rendered.
William S. Brewbaker III,
Medical Malpractice and Managed Care Organizations: The Implied Warranty of Quality,
60 Law and Contemporary Problems
Available at: http://scholarship.law.duke.edu/lcp/vol60/iss2/4