Can my healthcare insurance company be liable for refering me to another healthcare medical equipment company that failed to provide medical equipment needed for my medical injuries for causing a delay of 6 weeks to provide said equipment?
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Can my healthcare insurance company be liable for refering me to another healthcare medical equipment company that failed to provide medical equipment needed for my medical injuries for causing a delay of 6 weeks to provide said equipment?
I am disable with Avascular Necorsis in both hips, I also have a tumor in my spine and lower back injuries. I fail and could not walk. I went to the emergency room and they informed me that I need arm crutches, I failed 4 more times, injuring my hips and back and I need hip surgery to replace both hip. So I called United Healthcare, and was told I needed to get a prescription from my doctor. I got the prescription the same day as when I first went to the emergency room and she faxed the prescription to a company called ‘Apria’, 20 miles away from my home. I called them and was told the got the prescription and my arm crutches will be sent to me in about 7 days, via UPS. I told them please send them right away. 7 to 8 weeks later I got the wrong crutches so I called United Healthcare and they and I called ‘Apria’ to inform them about the mix-up. 7 days after that conversation my crutches came to my home. What I need to know is United Healthcare and Apria liable for my injuries? I want to file a law suit, A.S.A.P.
Respectfully submitted,
Terry Butler, 360 610-9756 and oscart321yahoo.com
Asked on August 28, 2019 under Insurance Law, Washington
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
Based on what you write, it does not appear the health insurer or medical supply company would be liable for your injuries. First, your question indicates that you fell before seeking the crutches, and clearly they are not liable for that. Second, even if you fell after seeking them, they did not cause the falls and you cannot prove that you would not have fallen if you had crutches, so you cannot establishe their fault. You also cannot estabish their liability because someone is only liable for the reasonably foreseeable consequences of their acts or omissionsm, and the injuries you describe are not reasonably foreseeable. Finally, you could have taken reasonable steps yourself to get crutches faster if you needed them, such as buying or renting a pair from a surgical supply store; you chose to wait for them by mail when you did not have to, and cannot hold others liable for your choice.
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