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I am not a lawyer, but I would assume that death due to omission of expected care fits pretty neatly under "negligent homicide".


Duty of care?


It is weird—I would expect only the folks who make decisions as to which procedures are medically necessary (just doctors ideally) to have a duty of care. But insurance companies are bouncing back procedures are not medically necessary, so maybe we’re due for a re-adjustment in the expectations as to who has that duty.

It is surprising if insurance companies what to sign themselves up for this sort of obligation. But obviously they’ll take all the privileges of the decision making process if we don’t also hold them to the responsibilities.




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