← Practice Areas
Practice Area · Medisprudence’s Most Distinctive Capability

Bad Faith Insurance Litigation

When a patient or provider sues an insurer over a wrongful denial, the central legal question is whether the insurer's physician reviewer applied criteria correctly. Our lead physician performed that exact review function.

Founder’s Advantage

In bad faith insurance litigation, the question is not what the treating physician believed — it is whether the insurer’s physician reviewer applied InterQual, MCG, or proprietary criteria correctly when making the denial decision. Our founding physician has applied InterQual, MCG, and proprietary criteria across 3,000+ US payer-side claim reviews. He knows how those reviews are documented under published criteria, what the documentation thresholds are, and what a defensible denial looks like versus a pretextual one under those same criteria. In bad faith litigation, this first-hand criteria-application experience is not background context — it is directly material to the case.

What the bad faith dispute typically turns on

Criteria application

Did the insurer’s reviewer correctly apply the stated medical necessity criteria, or did the denial use criteria that do not support the stated rationale?

Review process integrity

Was the review conducted by a qualified physician in the relevant specialty? Was the treating record actually reviewed?

Documentation of rationale

Is the denial letter’s stated medical rationale supported by the clinical evidence, or is it boilerplate language that does not address the specific clinical presentation?

Peer-to-peer failure

Did the insurer’s reviewer engage in the required peer-to-peer review with the treating physician before denial?

Conflict of Interest Disclosure

Medisprudence does not use confidential, proprietary, or plan-specific information from any current or prior employer. All analysis is based on publicly available clinical guidelines and general utilization review methodology. Conflict checks are conducted at intake.

Services for this practice area

Bad Faith Defense
Services for insurers and defense counsel

When a plaintiff sues an insurer for bad faith denial, the insurer's defense team needs to know whether the UR process is documentarily defensible. Our founding physician's credential is equally compelling from this direction: he knows what a defensible denial looks like because he wrote them.

Request Case Review →