Posted On: January 13, 2009 by Greenberg & Rudman

CALIFORNIA COURT RELEASES PATIENTS FROM PAYING FOR EMERGENCY ROOM DOCTORS NOT COVERED IN INSURANCE PLAN

The issue of insurance bad faith has been a long standing battle between the patient and his insurance company. An insurance company has the duty to treat its insured fairly, protect them from third party claims, and protect the insured’s interest when settling a claim. Insurance bad faith results when the insurance company is not willing to protect those insured by exposing them to additional liability or not paying the settlement amount. However, after a recent California Supreme Court ruling, patients may not have to deal with insurance companies or emergency doctors after an emergency room visit.

This week, the California Supreme Court unanimously ruled that in situations in which a patient visits an emergency room and is treated by a doctor not covered by their HMO, the doctor has to take the billing issue directly to the insurance company, rather than billing the patient directly. State and federal laws already require emergency room doctors to treat everyone regardless if they have insurance, or are able to pay.

Are you having problems with getting your insurance company to pay for your treatment or resolution to a recent car accident or injury? Greenberg & Rudman LLP is a law firm with a lot of experience in dealing with major insurance companies. Call us now at 1-800-252-9776 (1-800-ALAWPRO) and get a free consultation with one of our experienced attorneys. Visit our website www.alawpro.com and find out more about insurance bad faith.