Is a healthcare insurance company that provides coverage to an individual liable for a doctor's malpractice?

Asked almost 2 years ago - Palo Alto, CA

Assuming that the healthcare insurance company did not have some negligence in selecting the doctor for coverage under the plan (i.e. they let a non-licensed doctor provide care under their plan). Are insurers like Blue Cross or others often sued when doctors that provide care under their coverage are sued as well? If so, what theories of liability are advanced?

Attorney answers (4)

  1. Christian K. Lassen II

    Pro

    Contributor Level 20

    9

    Lawyers agree

    Answered . Unlikely. A local med mal lawyer would not only sue the unlicensed doctor, but the practice as well.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
  2. Michael T Millar

    Pro

    Contributor Level 19

    8

    Lawyers agree

    Answered . A health insurance company is not liable for the malpractice of one of the physicians in their plan.

    If this answer was helpful, please mark it as helpful or as a best answer. This answer is for general education... more
  3. David J. McCormick

    Contributor Level 20

    7

    Lawyers agree

    Answered . In 99% of the cases the answer is no. Usually both the doctor and the clinic/facility are both sued.

    Good luck.

    DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being... more
  4. Paul J Molinaro

    Pro

    Contributor Level 18

    5

    Lawyers agree

    Answered . An patient's insurance carrier is rarely brought into a medical malpractice case. Of course, there are exceptions, one being bad faith on the part of the insurance company, for say something like failure to authorize a necessary test/procedure/treatment. Such a suit against the insurance company would not actually be for medical malpractice, but could be based on the underlying facts of the medical malpractice case. However, this would be quite unusual.

    - Paul

    Paul J. Molinaro, M.D., J.D.
    Attorney at Law, Physician, Broker
    Fransen & Molinaro, LLP
    980 Montecito Drive, Suite 206
    Corona, CA 92879
    (951)520-9684
    www.fransenandmolinaro.com / www.888MDJDLAW.com

    "When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW."

    * This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy.
    ** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law.

    Paul J. Molinaro, M.D., J.D. ... Attorney at Law, Physician, Broker... Fransen & Molinaro, LLP... 980 Montecito... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

23,681 answers this week

2,999 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

23,681 answers this week

2,999 attorneys answering