HMO Malpractice in Florida

EMAIL US	SERVING ALL OF FLORIDA No Fees or Expenses if No Recovery	CALL US
info@mcmillenlawfirm.com	CLICK FOR FREE ONLINE CONSULTATION	1-800-974-4929

HOME

medical malpractice attorneys

ARE HMOs IMMUNE FROM SUIT?

There is no short answer to the question of whether HMOs are immune from suit in malpractice situations. HMO doctors may be sued personally, but the problem arises when you try to sue the HMO corporation. Nationwide this issue is being battled every day in state and federal courts. HMOs often claim that a federal statute, known as ERISA, has preempted all state medical malpractice laws that might apply to them. Some courts have agreed with that and some courts have not. Many courts have said it depends on exactly how you describe the case that you are bringing.

Florida courts are still hammering out the issue of HMO immunity just like the courts elsewhere. For the most part, Florida courts, including Florida’s federal courts, have indicated that if HMOs are sued for providing negligent care they may be liable. On the other hand, if they are sued because of a decision made internally regarding what medical procedures the insurance plan will or will not PAY for, they may have immunity. These laws and cases are constantly evolving and if you have a dispute with an HMO you should try to find a law firm with experience in handling HMO disputes. For information about an important recent court ruling regarding HMO liability in Florida, click here.

While our firm started in Orlando and its main office is there, for many years we have handled cases throughout Florida, and even out of state. To serve you better we have opened additional satellite offices in several major Florida cities. We use these offices to conduct client interviews, take depositions, and as war rooms when we have trials in these cities. When advantageous to you, we will also associate with other lawyers and law firms in some areas of the state to serve you better. If we do associate with other lawyers on your case it will be at no additional attorney fee or expense to you.

This site contains only general background information and is not intended to constitute specific legal advice or establish an attorney/client relationship. Laws vary from state to state and are constantly changing. If you think you may have a case you should promptly contact a lawyer in your state with experience in handling this type of case.

Copyright 1997-2010 - McMillen Law Firm * A Professional Association
All rights are reserved. No articles, notes, outlines, or other materials may be stored on the Internet or sold or placed by themselves or with other material in any written or electronic format in whole or part. However materials may be referenced by appropriate links to the site.