Can I sue my HMO for personal injuries suffered as a result of medical malpractice?
If your HMO membership is part of an employment benefit, there are limitations on your right to sue for personal injury. However, the Heimberg Law Group has been successful in pursuing novel legal theories against HMOs, even when they have been an employment benefit. For example, when HMOs have contracted with other providers to give care to the HMO members, we have been able to hold the HMOs responsible for personal injuries suffered as a result of the HMO’s failure to oversee the quality of care provided. In those circumstances in which the HMO coverage is not an employment benefit or where the HMO itself is an actual healthcare benefit (like the Kaiser system), we have been quite successful in pursuing actions against HMOs when their administrative decisions have resulted in personal injuries. Contact us for a free consultation about your case.
