Can an HMO be sued for medical malpractice?

[arber47]

No. That cause of action is reserved for the actual providers, not for an entity like an HMO or PPO

[stephon14]

probably not because they arent the doctors.

[arvad]

no.

[talbot]

That is the insurance provider not the doctor, so no they only process claims

[aingeni]

No, an health insurance company does not provide medical care, and therefore cannot be liable for not providing care up to the standard of a reasonable professional in that field. Only a medical provider can be liable for medical malpractice, as only a lawyer or paralegal can be held liable for legal malpractice.

If you believe your insurer has acted negligently or in bad faith, there are other causes of action which may be available to you. You should consult with an attorney in your state with experience working with, and litigating with, insurance companies to get a better picture of your rights and whether you have reason to file suit.