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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 Wyoming, there is no specific state statute that imposes a duty on health insurance carriers, health maintenance organizations, or other managed care entities to exercise ordinary care when making health care treatment decisions. However, these entities could potentially be held liable under general negligence principles if their failure to exercise reasonable care in making treatment decisions results in harm to an insured or enrollee. This would involve a court determining that the entity breached a standard of care owed to the patient, and that this breach was the proximate cause of the harm suffered. As with other negligence claims, the plaintiff would need to prove that the managed care entity had a duty to the insured, breached that duty, and that the breach caused damages. Since Wyoming relies on common law for such claims, the outcomes are based on judicial opinions and case law precedents.

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Health care

negligence by health insurer

Individual & Family Legal Plan

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Wyoming State Code

Health care

negligence by health insurer

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