"HARP is a resource for patients and attorneys seeking to establish the liability of Managed Health Care Organizations and Nursing Facilities for the consequences of their decisions."We are concerned that in the headlong rush to "Efficient" Medical care, the organizations involved are losing sight of the "Quality" of the care they provide.
"As more and more "Incentives" to cut back on medical care are put in place by the new class of medical entrepreneurs, the patient often suffers. We feel that Counter-incentives must be applied, and they must be financial. The only such Counter-incentives available under our system are lawsuits for damages caused by excessive cost-cutting measures.
"However, many obstacles protect corporate providers from being held responsible for their acts. ERISA drastically limits the remedies available to injured workers, as well as preempting State regulations designed to control the more egregious problems. Rigged Mandatory Arbitration gives injured patients the illusion of justice. Strict application of state tort laws holds doctors responsible for actions forced on them by Managed Care Organizations, which themselves escape liability.
"In an attempt to alleviate some of the obstacles to just resolution of patient suits, we have developed a Political Agenda which we will attempt to get enacted.
"We have collected here some aids for the plaintiff and his attorney attempting to surmount these barriers. We have links to pertinent sections of the Federal and California Codes, relevant Cases, other helpful sites, and musings on theories of liability."