What claims could be asserted against Community by Grant’s estate? In discussing each potential claim against Community, be sure to discuss the elements of each claim and the likelihood of success on each claim.

Joan Grant

Nurse Smith asked Grant about her health insurance. Grant said that she was covered by the GoodHealth HMO and gave Nurse Smith an HMO membership card that contained her policy number and a phone number for the HMO. Nurse Smith called the office of the HMO to verify Grant’s coverage and to request authorization for the CT scan.
Nurse Smith informed Dr. Jones of the HMO’s decision, and Dr. Jones discharged Grant at 10:30 p.m. with instructions to call her primary care physician at the HMO the next morning. Dr. Jones did not tell Grant that the usual diagnostic test for her condition was a CT scan, which Grant could have paid for with the credit card that she carried in her wallet.
Grant’s friend took her home, where she died of an aneurysm at approximately 11:45 p.m. that night. At the request of the next of kin, an autopsy was performed. According to the autopsy report, Grant died of a rare type of aneurysm that does not show up on a CT scan.

What claims could be asserted against Community by Grant’s estate? In discussing each potential claim against Community, be sure to discuss the elements of each claim and the likelihood of success on each claim.

In responding to these questions, do not discuss any potential claims against individual healthcare professionals, VEPPA, the Good-Health HMO, or the law firm’s health plan.