What is HMO Liability?
HMO liability refers to holding a health maintenance organization or managed care organization responsible for failing to provide its patients with adequate health care. Examples of HMO malpractice include:- Delay or denial or tests
- Delay or denial of treatment
- Delay or denial of referral to a specialist
When Can an HMO Be Held Liable for Malpractice?
The laws regarding when an HMO can be liable for malpractice vary from state to state. While some states hold HMOs liable when they commit malpractice, other states tend to say that the Employee Retirement Income Security Act (ERISA) prevents patients from suing an HMO for malpractice.
What Damages Can I Recover if My HMO is Held Liable?
If your HMO committed malpractice that caused you injury, you can sue to recover damages including:- Cost of additional treatment
- Lost wages / income
- Loss of future earnings or potential income
- Pain and suffering
- Loss of companionship (for spouses)
- Punitive damages
Do I Need a Lawyer to Sue an HMO for Malpractice?
Injuries resulting from HMO malpractice can have a devastating effect on your life. If you have been injured in the course of receiving treatment from your HMO, an experienced medical malpractice attorney can help you recover damages for your injuries. |
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