Is A Health Insurance Company Liable In A Medical Malpractice Lawsuit?

It is a relatively common scenario: An individual’s health insurance company has changed, whether by personal choice, due to an employer making changes, as a result of job loss, or even due to an insurance company buyout or bankruptcy. The person is given — or chooses — a new insurance company, which in turn chooses a new primary doctor for the individual if he or she does not choose one.

But what happens in the event a new primary doctor chosen by an insurance company misdiagnoses or improperly treats an individual, resulting in serious injury or death to that individual? Is there health insurance company liability? Is the health insurance company liable in addition to the doctor and/or hospital or other individuals or entities involved?

While initiating lawsuits against insurance companies due to denials of claims or refusal to authorize medically necessary medications or procedures is rather commonplace, seeking to prove liability against a health insurance company due to medical malpractice by a doctor the company chooses is rarer. Nevertheless, it may bear consideration in medical malpractice cases. Each case has generally unique circumstances to consider, including restrictive laws and provability.

In short, state laws and policy agreements tend to dictate much of what is and is not generally allowable. And, although health insurance company liability may be limited with regard to medical malpractice, other forms of health insurance company liability may exist within the same case at hand. Experienced legal counsel can effectively assess the potential for such liability. Breach of duty and causation must always be proven, though they may be proven from different angles.

Mallard & Sharp, P.A. is dedicated to providing its clients with the path to justice and financial recovery through fair compensation. The firm, along with noted Miami Medical Malpractice Lawyers Vidian Mallard and Bo Sharp, handles a diverse array of cases that involve medical malpractice, birth injuries, and negligent security in addition to acts of negligence that cause catastrophic injuries or wrongful death.

For more information or to inquire about expert legal representation for a potential health insurance company liability case, contact Mallard & Sharp, P.A. at 305-461-4800.