Can I go after the insurance company for taking 8 years and more to fix the medical problems I’m still having
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Can I go after the insurance company for taking 8 years and more to fix the medical problems I’m still having
2008 I was hurt at work .i went through 2 shoulder surgery,and 4 knee
replacement.waiting for another knee surgery.i have a neck and back injuries that
still have not been addressed yet eather.i was wondering if this falls under bad faith
insurance law or malpractice law.please help me,I don’t understand the laws
Asked on March 14, 2017 under Personal Injury, New Jersey
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
The insurance company does not practice medicine, so they are not liable for inadequate or insufficient medical treatment--all they do is pay for treatment, subject to the terms of your coverage or policy. (They are also not responsible for scheduling or arranging surgery--that is your job, as the person who needs medical treatment.) The doctors or other medical care providers might be liable (malpractice) if there was something unreasonably carless or inadequate (negligent) about your care (but not if they provided good care which just didn't fix your problem[s]--the law accepts that medical care is not perfect, and sometimes doctors do everything right and the patient doesn't [fully] improve).
However, there is something called a "statute of limitations" or "SOL" which is how long you have to file a lawsuit. If you wait for too long--until the SOL runs out or is expired--you cannot sue. In your state, the SOL is two years from when the medical procedure or care was performed or given. You must file a lawsuit against a doctor or hospital or clinic within two years of the specific care which you believe was negligent.
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