Hmm...clownfood makes a decent point. This wasn't exactly "life or death" it was "well if she doesn't die from the surgery, and doesn't die from the leukemia shortly after, or she doesn't die from..."
A 65% survival rate isn't great when it comes to organ transplants, though I suppose the liver let's you do a partial transplant from a family member.
A corporation is defined as a legal entity or a juristic person with certain rights and privileges afforded to it, in which the several members are considered to act as a single entity.
Consider this case. In short, CIGNA Healthcare declined to pay for a teens liver transplant, then reversed their decision hours before the girl died. The family has requested that the district attorney charge CIGNA with murder or manslaughter.
So, what are the legal rights of the corporation, and how far do they extend to the corporation being considered a legal entity in terms of being charged with something normally directed at a single person? If charges are brought up and the corporation found guilty, how would such a crime be punished since there are ranges provided under the law, most of which require prison time?
There are some things about this case that really don't sit right with me. The fact that the patient was in a vegetative state for week before she finally died. Would a transplant committee really sign off on giving a liver to someone in this state, even if the insurance company signed off on it. This entire situation seems to be playing off the notion that since the kid died, it must be the evil insurance company's fault. As much as I dislike the insurance industry, the family looks to be setting things up for a nice civil suit that will get settled quickly due to the bad press.
There's also the fact that every hospital I know of would perform the transplant before seeing any money, regardless. When you need an organ, you go up on 'the list' no matter how much money you have. The only way to jump the list is to get a family member or friend to donate the organ directly.
It sounds like she was so bad off that she was more than likely way down on the list. And if it was a result of a complication of her treatment, her health may have dropped so fast (and none of her family members qualified due to health, medical, or other reasons) that she wouldn't have gotten it in time.
If there had being a theoretical liver "waiting in the wings" for a payment, and they reversed their decision an hour or two prior, that would have been plenty of time to operate, if the doctors had in fact been waiting for payment. But they weren't. The letter they wrote was probably the usual standard one you have to get in the first place to get your insurance company to pay for something. They aren't just going to pay for something just from you calling them up and saying "okay, I need you guys to send 500$ to UNMC"
I understand that the family is pissed though. It sucks to lose a child. I just don't think they have a case, at all.
If a corporation were convicted of murder, who would go to prison?
If a corporation was charged with murder, does it also have all the same rights as a private citizen?
Actually thats an interesting idea, if we can hold a corporation to the same responsibilities of a private citizen then they should have the same rights, vote, run for office, ext...
The new Mayor of Newyork.....Johnson and Johnson baby formula inc.
Actually thats an interesting idea, if we can hold a corporation to the same responsibilities of a private citizen then they should have the same rights, vote, run for office, ext...
The new Mayor of Newyork.....Johnson and Johnson baby formula inc.
Jennifer Government was some nice satire on this. You go to McDonald's University etc, and you take the surname of your employer. Hence Jennifer Government and guys named Nike.
Heh, just realised how much scifi I have with stuff like this. Jennifer Government, Market Forces, Snow Crash...
The corporation wouldn't be charged at all because it isn't sentient. Animals aren't charged with murder, their owners are. Corporations are afford certain rights, but only for other legal and economic purposes.
If this case is deemed a murder, whoever they decide was the ultimate decision maker in this case will end up going to jail.
Hmm...clownfood makes a decent point. This wasn't exactly "life or death" it was "well if she doesn't die from the surgery, and doesn't die from the leukemia shortly after, or she doesn't die from..."
A 65% survival rate isn't great when it comes to organ transplants, though I suppose the liver let's you do a partial transplant from a family member.
That's bullshit, though. If I have an inoperable brain tumor with six months to live and I get in a car wreck, I'd expect them to cover me for it. Just because something else might kill a patient doesn't absolve the insurance company from responsibility to pay for treatment that could be life-saving.
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A 65% survival rate isn't great when it comes to organ transplants, though I suppose the liver let's you do a partial transplant from a family member.
There's also the fact that every hospital I know of would perform the transplant before seeing any money, regardless. When you need an organ, you go up on 'the list' no matter how much money you have. The only way to jump the list is to get a family member or friend to donate the organ directly.
It sounds like she was so bad off that she was more than likely way down on the list. And if it was a result of a complication of her treatment, her health may have dropped so fast (and none of her family members qualified due to health, medical, or other reasons) that she wouldn't have gotten it in time.
If there had being a theoretical liver "waiting in the wings" for a payment, and they reversed their decision an hour or two prior, that would have been plenty of time to operate, if the doctors had in fact been waiting for payment. But they weren't. The letter they wrote was probably the usual standard one you have to get in the first place to get your insurance company to pay for something. They aren't just going to pay for something just from you calling them up and saying "okay, I need you guys to send 500$ to UNMC"
I understand that the family is pissed though. It sucks to lose a child. I just don't think they have a case, at all.
Pluto was a planet and I'll never forget
If a corporation was charged with murder, does it also have all the same rights as a private citizen?
Actually thats an interesting idea, if we can hold a corporation to the same responsibilities of a private citizen then they should have the same rights, vote, run for office, ext...
The new Mayor of Newyork.....Johnson and Johnson baby formula inc.
Jennifer Government was some nice satire on this. You go to McDonald's University etc, and you take the surname of your employer. Hence Jennifer Government and guys named Nike.
Heh, just realised how much scifi I have with stuff like this. Jennifer Government, Market Forces, Snow Crash...
If this case is deemed a murder, whoever they decide was the ultimate decision maker in this case will end up going to jail.
Pluto was a planet and I'll never forget
That's bullshit, though. If I have an inoperable brain tumor with six months to live and I get in a car wreck, I'd expect them to cover me for it. Just because something else might kill a patient doesn't absolve the insurance company from responsibility to pay for treatment that could be life-saving.