PETROVICH V. SHARE HEALTH PLAN OF ILLINOIS, INC.
719 N.E.2d 756 (1999)
NATURE OF THE CASE: hare (D) appealed the judgment of the Appellate Court overturning the
trial court's award of summary judgment for D in Petrovich's (P) medical malpractice action.
FACTS: Petrovich (P) alleged that her treating physician and Share (D), her HMO were
responsible for the negligent and tardy diagnosis of her tongue cancer. D was a financing
entity that arranged for and paid for health care by contracting with independent medical
groups and practitioners. D did not employ physicians directly nor did it operate and
maintain the offices or even supervise the offices where the care was given. D used
capitation to pay its medical groups and maintained a quality assurance program. The
handbook given beneficiaries describes the primary care physician as 'your Share physician'
and 'our staff' and 'Share physicians.' The handbook also refers to the offices of the
doctors as 'Your Share physician's office.' P got the handbook but did not get a copy of the
contract between Dr. Friedman and D which described Dr. Friedman as an independent
contractor and not employees or agents of D. D's primary care physicians were to approve
patient medical requests and make referrals to specialists. P was unaware of this
relationships and at the time P received medical care she thought that her physicians were
employees of D.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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