Analysis Paper Assignment Example | Topics and Well Written Essays - 750 words - 1

Analysis Paper - Assignment Example The defendant moved for a summary judgment on the counts. The defendant also argues that Dr. Jones was their only physician who agreed to working in Chicago Heights where the plaintiff resided even though he had to balance the time with his own private practice hence explaining the overworking and the need for appointment (Teitelbaum and Wilensky, 2008). The trial court granted summary judgment on count 1 of negligence indicating that there was no evidence of the doctor having overpopulated patients. The same summary judgment was granted as well as on the contract liability where the court indicated that there was no contract breach as the doctor was not a specialized pediatrician. There was an appeal that was decided in 1998. The appellate judges after a review of the case agreed with the trial court’s decision on granting summary judgment to Chicago HMO on the counts mentioned above. The plaintiff did not agree with the decision and the case was taken to the Supreme Court. The opinion on the case after being heard and reviewed by the Supreme Court was granted on May, 2000. On the first count of negligence, the Supreme Court denied the summary judgment with the explanation that the Chicago HMO must have the full list of all the patients visiting the clinic each day because it had to calculate the monthly capitation payments to the doctor which was based on the number of patients. On appointment procedures, the summary judgment was granted as the procedures required booking an appointment first which the plaintiff did not. On the count of breaching the contract, the summary judgment was granted as the plaintiff was not party to the particular contract breach being referred to and the parties were only Chicago HMO and the Department of Public Aid. The law is good because the facts of the case are not exploited and explanation about what the terms of the contract were