on these allegations is directly foreclosed by the First Circuit’s recent opinion in Turner v. Fallon Community Health Plan, 127 F.3d 196 (1st Cir.1997), cert. denied, - U.S. -, 118 S.Ct. 1512, 140 L.Ed.2d 666, 66 U.S.L.W. 3492 (U.S. April 20, 1998). In Turner, the plaintiff, administrator of his late wife’s estate, brought state law claims for breach of contract and wrongful death against a health maintenance organization. The decedent, who had been diagnosed with metastasized breast cancer, was denied authorization for participation in a high- beneficiary has been permitted to assert a medical malpractice claim against a treating physician who works for an HMO. See, e.g., Lancaster v. Kaiser Foundation Health Plan of Mid-Atlantic States, Inc., 958 F.Supp. 1137, 1147 (E.D.Va.1997) (<HOLDING>); Edelen v. Osterman, 943 F.Supp. 75, 76-77
holding that erisa does not preempt professional malpractice claims holding that erisa does not preempt the plaintiffs claim that the erisa plan administrator is liable for medical malpractice where the plaintiff premised the claim solely on state law and did not invoke the erisa plan recognizing contributory negligence as a defense to professional malpractice claims holding that erisa does not preempt section 22213b7 holding professional malpractice claim not contractual