Employer Liability and HMOs

Q

Our insured chose a particular HMO for his employees health benefits program. When they are injured or are sick, the employees go to the doctors listed in the HMO program. If an employee is injured by the doctor, can our insured be sued by the employee on the basis of negligence in choosing an HMO that includes the offending doctor? Also, if the employee is a leased employee, how would a negligence lawsuit against our insured be handled?

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