Health care law

When a subscriber joins the NORTH ARLINGTON HMO (NAHMO) the HMO requires that each member sign a consent agreement to settle negligence disputes between the subscriber and any HMO practitioner. The consent agreement provides that an allegation of negligence by one of NAHMO subscribers against a practitioner be submitted to a healthcare board for binding resolution. The Board is made up of a nurse, physician, one other non-medical practitioner (OD, PHARMISIST ETC) and two retired judges. None of the Board members have any relationship to the NORTH ARLINGTON HMO. AND THEY ARE COMPLETELY INDEPENDENT. John, an HMO member, signed the agreement and was treated by one of the HMOs PA for a skin disorder on his ear. The PA diagnosed the condition as a normal skin rash and treated it with topical medicines. After nearly a year, the condition continued, the ear had swelling and John, on his own, went to a recommended dermatologist for an exam. The dermatologist diagnosed the condition as a melanoma cancer and would require the removal of part of his ear to prevent the spread of the cancer. Had the condition been treated earlier asa basal cell, there would have been no need to remove part of the ear. Johns lawyer filed a lawsuit against NV HMO alleging negligence by its employee PA and seeking $500,000 in damage. The lawyers for the NVHMO moved to dismiss the case based upon the consent agreement contract and argued the dispute should go to the Healthcare Board as provide in the contract. You are the judge– would you dismiss the case and send it to the Board? In your decision (either way) what is your basis inlaw for the finding?

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