Medical Malpractice within Health Maintenance Organizations
California HMO Medical Malpractice Attorneys
HMO’s are covered by the Employment Retirement Income Security Act (ERISA), which means that they are covered by federal, not state, law. While all employer-provided insurance plans are also covered by ERISA, victims of medical malpractice can still sue HMO’s for negligence, but the process is extremely challenging. Because an HMO requires a primary care physician to diagnose all medical conditions and make the discretionary decision whether or not to send a patient to a specialist, the HMO can be held liable if the primary care physician failed to send a patient to a proper specialist, or the primary care physician lacks the resources, knowledge or skill to treat a patient appropriately leading int injuries. There are many examples where an HMO can be held liable for medical malpractice including when a patient is denied medications by their HMO, and take a different medication leading to injury, when a primary care physician fails to refer a patient to a specialist, when the primary care physician makes a misdiagnosis, or even when primary care physician fails to order diagnostic tests. If you suffered injuries as a result of an HMO’s negligence, you have the right to sue for compensation for medical bills, pain and suffering, lost wages, and in some cases, punitive damages. Ken Sigelman can help you exercise your legal right to compensation. Because Ken is both a physician and a lawyer, he understands the intricacies of medical malpractice cases better than almost anyone. Please contact medical malpractice attorney Ken Sigelman in San Diego, California to learn more about your rights as a victim of medical malpractice or personal injury.