Skip to main content

Can I sue the insurance company for being completely unprofessional and hazardous to my health?

West New York, NJ |

I am a severe diabetic. I have a new insurance company and they are horrible. I ordered meds at least a month in advanced and they hadnt sent them until about a week ago from today. These meds are crucial to me and without them I could die. They suggested a new meter for my blood glucose and sent out a three month supply of new test strips. When I arrived at the store to purchase my new meter, it was discontinued. Now i have a ton of new test strips for a meter that does not exist anymore and no test strips for my current meter.

+ Read More

Attorney answers 4

Posted

I doubt that you would prevail in a suit against them. Sorry.

The previous information is solely for informational purposes only. If you have further questions, please contact an attorney in your area for more specific answers. Responding to your question in no way creates an attorney/client relationship, and none of the specific guarantees of privacy exist. If you have found this information helpful, kindly check the "helpful" box.

Posted

At this point I have to ask, "What are your damages? What injury have you suffered? " If there are damages then perhaps you can be compensated for them, but I do not see that based on the information you have provided.

As far as being unprofessional, as long as they are meeting their obligations to you under the contract then that cannot be a basis for a law suit, even if their behavior is unpleasant. Unpleasant interactions might be a reason for changing insurance companies, but not a basis for suing them, unless they are obligated to be courteous at all times.

Posted

Why do you believe your insurance company is responsible for meter being discontinued?

This response is for information purposes only, it does not constitute, nor does it create, an attorney-client relationship between Halloin & Murdock, S.C., WWW.HalloinMurdock.com, or Anthony Murdock.

Asker

Posted

I don't believe they are responsible for the meter being discontinued but why would they recommend me cheaper product for my disease if they are out of date and unattainable. The insurance company should be up to date with what is available and what isn't.

Posted

The Employee Retirement Income Security Act of 1974 (ERISA) (Pub. L. No. 93-406, codified in part at 29 USCS § 1002 et seq.) may cover this it was enacted on September 2, 1974. ERISA is a federal law that establishes minimum standards for pension plans in private industry and provides for extensive rules on the federal income tax effects of transactions associated with employee benefit plans. ERISA was enacted to protect the interests of employee benefit plan participants and their beneficiaries by among other things it bars suits by employees for most claims regarding health insurnce provided by employers. You may still be elegable for benifits by filling an arbitration with the insurance company

The materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the e-mail links contained within the site do not create an attorney-client relationship between Howard Roitman, Esq. and the user or browser. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

Asker

Posted

So would I file arbitration to Medco (the insurance company)? And how would I do said arbitration?

Business topics

Recommended articles about Business

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer