Humbach John A
Pace University School of Law, White Plains, New York, USA.
Spec Law Dig Health Care Law. 2002 Oct(282):9-49.
A child is seriously ill. She will not live much longer if steps are not promptly taken. However, her parents' HMO has denied approval for the treatment that she needs. According to her doctor, the treatment has a good chance of helping. It could extend her life by months or even years. The treatment is, however, expensive, more than her parents can pay. Also, the initial cost is just the beginning. As long as the child lives she will need expensive care. It is a burden that the HMO does not want to take. So, a few days from now--maybe less--she will lapse into unconsciousness and, soon after, she will pass away. Her parents ponder this and think: "We've paid premiums to that HMO for years. If she dies now, because of this denial, somebody ought to pay; the law should make somebody pay for letting our daughter die."
一个孩子身患重病。如果不立即采取措施，她活不了多久了。然而，她父母的健康维护组织（HMO）拒绝批准她所需的治疗。据她的医生说，这种治疗很有可能有帮助。它可以延长她几个月甚至几年的生命。然而，这种治疗费用高昂，超出了她父母的支付能力。而且，初始费用只是个开始。只要孩子活着，她就需要昂贵的护理。这是HMO不想承担的负担。所以，再过几天——也许更少——她就会陷入昏迷，不久之后就会去世。她的父母思索着，心想：“我们多年来一直向那个HMO支付保险费。如果她现在因为这种拒绝而死，总该有人赔偿；法律应该让人为我们女儿的死亡负责。”
