Treated for food poisoning at hospital per doc's diagnosis but insurer says no case.

I am assuming from the way that you have phrased this question that you are thinking of bringing a lawsuit against the restaurant for food poisoning. However, he pieces in this puzzle do not seem to fit together.   If this is the case and you intend to sue then you should seek good legal help as these type of cases are not easy to begin with. A brief overview to let you know what is ahead:

"If you have a case will depend on the particular circumstances of your illness. For example, time delays between eating the food and onset of illness may make it difficult to pinpoint the food that made you sick. On the other hand, if a government health agency has linked a particular food you ate to an outbreak of food poisoning, your claim may be easier.

Here's what you need to know about food poisoning claims: what legal theories can form the basis for a lawsuit, how to prove your case, and who to sue.

Food poisoning lawsuits generally fall under the category of defective product liability claims, the idea being that you have been sold a defective product (food) that injured (poisoned) you. The most common legal theories in these cases include:

Strict product liability. Many states have adopted strict product liability laws, which relieve you of any burden of having to show that the manufacturer or supplier of a contaminated food product was not sufficiently careful in making or distributing that product (a big advantage to you). You just have to show that the food product you ate was contaminated and that the contamination was the cause of your illness.

Negligence. In addition to a claim based on strict products liability, or in cases or states in which strict liability is not an available legal basis for your claim, you may be able to argue that the defendants in your case acted negligently in manufacturing or supplying the contaminated food product that made you sick. In order to prove negligence, you must show that the defendants were not reasonably careful (called "failing to exercise reasonable care") in making or distributing the contaminated food product that made you sick.

Breach of warranties.Most states impose certain minimum standards on products (known as "implied warranties"), and the contamination of the food product involved in your case may constitute a violation (or "breach," in legalese) of those implied warranties. In addition, the contamination may also constitute a violation of any express guarantees supplied by the food processor (such as a "triple-washed" label on a pre-prepared salad pack).

Additional legal arguments may be available to you depending on the particular circumstances of your case. Proving your claim is often the greatest challenge in food poisoning cases. Generally speaking, you will have to prove two things in order to win your lawsuit:

• the food you ate was contaminated, and
• the contamination made you sick."

If the insurance company is saying something different than you believe to be true it could be something as simple as the wrong billing code submitted at the time of your hospitalization.  Getting to the bottom of it all will require time and endurance.  And yes, a good lawyer helps.