Byline: JERRY GEISEL
NEW YORK-A recent federal appeals court decision weakens health plans' federal immunity to malpractice claims brought under state law.
The case, Cicio vs. Vytra Healthcare, involves a cancer patient, Carmine Cicio, who sought a course of treatment that his insurer ruled was experimental and thus not covered by his plan. Later, the insurer approved a different course of treatment from the one recommended by Mr. Cicio's doctor, which it continued to deny until he died.
Mr. Cicio's widow, Bonnie Cicio, then sued the insurer, Vytra Healthcare, and its medical director, charging medical malpractice under New York law. The case was …
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