chevron-down Created with Sketch Beta.
September 12, 2012

The Law and Your Health

What to Do If You Have Problems

How can I recover from my health plan for negligence?

There are three main theories of law under which you could recover damages from your health plan.

  • Respondeat superior
  • Apparent authority
  • Corporate negligence liability

Not every state recognizes these theories. Your state might not recognize any of them. Lawsuits against health plans are becoming more popular, though, so the odds are that your state will allow patients to sue under at least one of the following legal theories.

>>What options do I have when my health plan refuses to cover the treatment I need?
>>>Can I recover damages from my health plan when it does not live up the promises in the health plan’s brochure?
>>Is the health plan legally responsible if I am injured because of a doctor’s mistake?
>>How can I recover from my health plan for negligence?
>>What is respondeat superior?
>>What is apparent authority?
>>What is corporate negligence liability?


Practical Law Home | Law & Your Health Home
Basics of Managed Care | *What to Do If You Have Problems*