Can I sue the insurance company or doctor’s office for denial of service to my infant?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can I sue the insurance company or doctor’s office for denial of service to my infant?

I have a new born who will be 3 months tomorrow. I sent necessary documents to my employer to have her added to my group insurance plan 1 month ago. My employer sent me confirmation that she was added to my insurance. She is now sick and is due to have her first shots. We are being denied service because the insurance company has not added her to the plan. We don’t qualify for any other program and are not able to get the necessary shots. The doctor’s office said they can do nothing without the insurance company approval. We cannot get the shots. Can we sue?

Asked on June 26, 2009 under Insurance Law, California

Answers:

L.M., Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

It sounds like there is just some misunderstanding or some lost paperwork.  Since your employer sent you confirmation that your baby was added to your insurance, it shouldn't be a problem to resolve.  Contact the person who deals with health insurance at your company and have that person get involved in fixing the matter.  If you have written confirmation, give that person a copy of it and have him or her contact the insurer and have your baby added retroactive to the date she was supposed to be added.  Then get your baby the shots.  Lawsuits are long and drawn out and you need your baby to get those shots asap!


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption