Can You Really Sue Your Insurance Company? Yes—Here’s How

Episode Summary:

In this episode of From the Clinic to the Courtroom: Health Law Unpacked, host Kevin Rosenquist is joined by Maria T. Santi, Esq., founder and managing partner of the Health and Medicine Law Firm, to tackle a question many people face but few know how to answer: Can you really sue your health insurance company?

Maria explains that the answer is yes — and she walks us through the legal process, from exhausting appeals to filing emergency injunctions for life-saving treatments. Learn when it’s time to take legal action, what the lawsuit process looks like, how long it can take, and why insurance companies often choose to fight even the smallest claims.

Whether you're dealing with a denied claim for cancer treatment, a costly prescription, or outright bad faith by your insurer, this episode delivers practical insight and powerful real-world examples of patient advocacy in action.

Episode Timestamps

00:00 – Introduction Welcome to From the Clinic to the Courtroom and an overview of today’s topic: suing your health insurer.

00:47 – When Can You Sue Your Health Insurance Company? Understanding the appeals process and when legal action becomes necessary.

01:45 – What Happens After You Decide to Sue Reviewing policies, building a case, and filing a complaint.

04:05 – Emergency Cases & Injunctions How terminal patients can seek urgent court intervention to access denied treatment.

05:27 – Bad Faith & Misconduct by Insurers What qualifies as bad faith in Florida and how it impacts damages.

07:04 – How Lawsuits Differ Based on the Type of Plan ERISA, ACA protections, and Medicaid/Medicare administrative hurdles.

08:53 – How Long Does a Lawsuit Take? The timeline: from a few months to several years depending on insurer resistance.

11:39 – Do Most Cases Settle? Why 90% of lawsuits eventually settle — and why some insurers still drag things out.

13:23 – Legal Delay Tactics How insurance companies prolong litigation and overwhelm courts.

14:49 – Do People Even Know They Can Sue? Why most people don’t realize health insurance can be challenged legally.

15:46 – The Psychology of Trusting Insurers Exploring why patients often accept insurance decisions without question.

17:04 – Closing Thoughts How to connect with Maria and why you shouldn’t give up when fighting for your health.

About the Show

From the Clinic to the Courtroom: Health Law Unpacked is your go-to resource for understanding the intersection of healthcare and the law. Hosted by Maria T. Santi, Esq., and produced by the Health and Medicine Law Firm, each episode breaks down legal issues affecting patients, providers, and policyholders — making complex topics accessible and empowering you with knowledge and options.

Connect with Maria and her team at: healthandmedicinelawfirm.com