Suing HMOs

Re “Suing HMO: No Sure Cure” (editorial, Aug. 10) and James Pinkerton’s Aug. 13 commentary: Of course, it is only workers insured through their employers whom federal law (ERISA) bars from suing their HMOs. Anyone else can sue: welfare recipients on MediCal, retired people on Medicare, people who buy their own insurance. Why is it just workers who can’t be allowed to sue?

If Pinkerton is so worried about lawyers getting money for helping people enforce their rights, why stop there? Would he and The Times suggest that everyone else should also be barred from suing their HMOs? Why is it only sick and injured workers who must be deprived of their access to our justice system?

If Pinkerton is opposed to people becoming too rich, perhaps he could write a commentary on the HMO executives who use premium dollars to pay themselves multimillion-dollar salaries while denying patients needed care, secure in the knowledge that they can’t be sued for their malpractice.

HARVEY S. FREY MD, Director

Health Administration

Responsibility Project

Santa Monica