As an example, if the Utilization review nurse had negligently applied the discharge protocol for Hemorrhoidectomy rather than Total Abdominal Hysterectomy, and if Calad had died from Complications resulting from the treatment decision to treat her on an outpatient basis with discharge instructions after only 1 day of hospitalization, the case would still have had to be dismissed; the law does not recognize monetary Damages for negligent actions in Managed Care "administration" of Employer Medical Benefit Plans but does acknowledge that state malpractice laws do apply to treating physicians deciding or administrating the course of a patient's care.