Legal Opinion

Giles v. NYLCare Health Plans, Inc.

Court of Appeals for the Fifth Circuit

Decided April 9, 1999No. 97-20840PublishedCited by 133 opinions

1Opinion of the Court

JERRY E. SMITH, Circuit Judge:

After her son Alex died while under a provider’s care, Bridgett Giles sued her health maintenance organization (“HMO”) alleging, inter alia, vicarious liability and negligence in selecting the plan’s providers. After removal, the district court remanded to state court. We affirm.

I

Giles brought this medical malpractice case on behalf of Alex against NYLCare Health Plans of the Gulf Coast, Inc. (“NYLCare”), an HMO; the two doctors who treated Alex; and OneCare, the medical group that employs one of the doctors. At the time of treatment, Alex and his mother were…

2Cases cited31 opinions

  1. Carnegie-Mellon University v. CohillSupreme Court of the United States · 1988
  2. Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for Southern Cal.Supreme Court of the United States · 1983
  3. Metropolitan Life Insurance v. TaylorSupreme Court of the United States · 1987
  4. Louisville & Nashville Railroad v. MottleySupreme Court of the United States · 1908
  5. New York State Conference of Blue Cross & Blue Shield Plans v. Travelers InsuranceSupreme Court of the United States · 1995

26 more not listed; retrieve them via the Exa API.

3Cited by133 opinions

  1. Harper v. ShowersCourt of Appeals for the Fifth Circuit · 1999
  2. Vilma Lissette Vega Jose Vega v. National Life Insurance Services, Inc., Pan-American Life Insurance CompanyCourt of Appeals for the Fifth Circuit · 1999
  3. Brookshire Bros. Holding, Inc. v. Dayco ProductsCourt of Appeals for the Fifth Circuit · 2009
  4. Goodson v. City of Corpus ChristiCourt of Appeals for the Fifth Circuit · 2000
  5. Clarence Enochs v. Lampasas CountyCourt of Appeals for the Fifth Circuit · 2011

128 more not listed; retrieve them via the Exa API.

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