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

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

Posted

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

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Posted

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 purposes only. It neither creates an attorney-client relationship nor provides legal guidance or advice. The answer is based on the limited information provided and the answer might be different had additional information been provided. You should consult an attorney.

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Posted

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 provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.

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Posted

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 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.

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1 comment

Manuel Alzamora Juarez

Manuel Alzamora Juarez

Posted

Excellent answer by attorney, MD Paul Molinaro.

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