ABA Family Legal Guide

Health-Care Law

Health-Care Options

Health Insurance and Managed Care Organizations

How does ERISA affect my malpractice suit?

ERISA bars people from bringing a claim against health plans that are offered by employers, which means that few people manage to bring malpractice cases against health plans. If you purchase your health plan on your own or through some other type of organization, ERISA does not apply.

Several states now have statutes that remove ERISA protection and explicitly allow individuals to bring suits against health plans. Courts increasingly are interpreting ERISA to allow such suits as well.