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Health care

negligence by health insurer

Laws vary from state to state, but in some states a health insurance carrier, health maintenance organization, or other managed care entity for a health care plan has the duty to exercise ordinary care when making health care treatment decisions and is liable for damages for harm to an insured or enrollee proximately caused by its failure to exercise such ordinary care.

This liability may be created by a specific state statute or by the state's common law (court opinions or case law) under a negligence theory for breach of the standard of care (reasonableness).

In Alaska, as in some other states, health insurance carriers, health maintenance organizations (HMOs), and other managed care entities have a duty to exercise ordinary care when making health care treatment decisions. If they fail to do so, they can be held liable for any harm caused to an insured or enrollee as a result of that failure. This duty and the corresponding liability can arise from specific state statutes or from Alaska's common law under a negligence theory. This means that if a managed care entity does not act reasonably and as a prudent entity would under similar circumstances, and that failure results in harm to a patient, the entity could be held legally responsible for damages. It's important to note that the specifics of such liability and the processes for making claims would be detailed in Alaska's statutes and interpreted by its courts.

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Health care

negligence by health insurer

As a LegalFix Member You Will Be an Important Client of Local Law Firms

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Alaska State Code

Alaska State Code

Health care

negligence by health insurer

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