Can I sue Molina insurance for denying a cat scan refers from my doctor to check for cancer.

UPDATED: Sep 30, 2022

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Can I sue Molina insurance for denying a cat scan refers from my doctor to check for cancer.

My gynecologist put in a referral for me to age a cats can, because I have several
fibroids in me. He wants to do these test to make sure there is no cancer, before he
decides what to do about these fibroids. I am also suffering with pain due to these

Asked on August 11, 2017 under Insurance Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can sue them IF under the terms of your insurance policy (which is a contract) they should be paying for your CAT scan in these circumstances; in that case, you could sue them for the cost of the CAT scan, for "breach of contract" (for violating their contractual obligation of when and what to pay. You have to be able to show that you are entitled to this coverage under the terms of the policy, for this purpose; and if you can, are entitled to the amount of money (i.e. the cost of the scan) they should have paid. That is all you would be entitled to--what they should have paid in the first place.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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