Q: Can we take legal action for insurance policy change causing missed treatments?
My mother, who was covered by marketplace insurance, was undergoing cancer treatment when she missed several appointments after the doctor's office informed her that her insurance was inactive. The marketplace changed her insurance policy without notifying us, causing treatment delays. My father had to spend hours tracking down the new provider, but by then, critical treatments were missed. I believe this negligence contributed to her passing a few months later. Is there any legal action we can pursue against the insurance companies for changing her policy without notice and causing these delays?
A: An Oklahoma attorney could advise best, but your question remains open for three weeks. I'm very sorry for the loss of your mother. I'm afraid it does not sound like the strongest of cases. That doesn't mean I don't sympathize with your family. I find it upsetting that the marketplace and other entities involved were not more attentive and sensitive to the importance and urgency of coverage here. But from a legal standpoint of asserting damages at trial, I'd anticipate that the defense would raise arguments to try to diminish the role of several missed treatments in the grand scheme of things. But that's only my individual opinion. I'd recommend reaching out to Oklahoma attorneys to try to arrange a free initial consult and get their opinions. Despite my quick analysis, the fact remains that I believe these circumstances would upset jurors to sympathize with your family. Good luck
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