This section contains the nature of the case and procedural background.

Petrovich (P) alleged that her treating physician and Share (D), her HMO were responsible for the negligent and tardy diagnosis of her tongue cancer. D was a financing entity that arranged for and paid for health care by contracting with independent medical groups and practitioners. D did not employ physicians directly nor did it operate and maintain the offices or even supervise the offices where the care was given. D used capitation to pay its medical groups and maintained a quality assurance program. The handbook given beneficiaries describes the primary care physician as 'your Share physician' and 'our staff' and 'Share physicians.' The handbook also refers to the offices of the doctors as 'Your Share physician's office.' P got the handbook but did not get a copy of the contract between Dr. Friedman and D which described Dr. Friedman as an independent contractor and not employees or agents of D. D's primary care physicians were to approve patient medical requests and make referrals to specialists. P was unaware of this relationships, and at the time P received medical care she thought that her physicians were employees of D.

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