Can I sue a phisian for putting a collection on my credit if I my insurance was not billed??

I went to the ER on August of 2012 for an alergic reaction. The hospital billed my insurance but for some reason did not give my info to the private phisician working in the ER. They phisician first got a company in California to collect. I have a federal health insurance carrier. I contacted my insurance they said they couldnt put me in collections if I have not been billed. My insurance called this company and the company removed the collection after obtaining my insurance info. About a month ago the company the phisician works for again put me in collections. Again my insurance called and they told my insurance they would bill them and take the collections out. The collection is still on my credit report. I understand they have the right to bill me but why is my credit being affected when it was all a communication error with the hospital who billed me immidiately but did not give or transfer my insurance info to the phisician. Can I take legal action against these phisicians????