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Medicare Can Ruin Your Lawsuit- Find Out How

Gerry Oginski
NY Medical Malpractice & Personal Injury Trial Lawyer

Blog Category:
4/6/2009
Gerry Oginski
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Did you know that if Medicare pays for medical care that you received because of someone else's wrongdoing, and you then bring a lawsuit seeking compensation for your injuries, Medicare has a legal obligation to make you repay them?

Let me repeat that and explain. Let's say you're in an accident caused when a driver crossed over the double yellow line and hit you. You're in the hospital for weeks and Medicare pays your bills. If you now sue the driver of the car that caused your accident, Medicare will come to you and your lawyer and say "Pay Up."

The government wants their money back if you get money from the person who caused your injuries. Depending on how much money you get and how much money Medicare paid, we can, in some cases negotiate with Medicare to reduce the amount that they must be repaid.

To learn more, click here to watch Gerry's informative video.Gerry Oginski

Category: Medical Malpractice


4 Comments to "Medicare Can Ruin Your Lawsuit- Find Out How"

I sued a party and won. Their insurance agreed to pay damages and to reimburse Medicare for conditional payments for treatment. Medicare then sent me a bill not only for the treatments for the injury but also for subsequent treatments unrelated to the injury. They said I could appeal their demand if I wanted to dispute the amount but that I would have to prove it. The time and effort required is exhausting and the turnaround time is long. Their notice came one year after the settlement and the insurance company was supposed to have reimbursed Medicare. That wouldn't happen if it was a billing problem with a private business. The system is a big hole filled with fly paper and it takes forever to get it all off.
Posted by Harold Richardson on July 2, 2013 at 07:13 PM
I went to a very bad dentist who ruined my teeth leading to infections and I did not sue because of medicaid-medicare
since it would have been a waste of time
plus I did not sue for a slip and fall , a major fraude case and a car accident that left me in pain for life so a total of 4 law suites I dropped not to be wasting my time on 4 losers. I live with bowel and kidney disease that is a death sentence. I turned down the last surgery to speed up the death sentence since I am very tired at 54 of pain and poverty and the disgrace of the U.S.A. system. They don't do this in Europe or Australis it is all free no pay backs.
Posted by larbacmc on April 21, 2010 at 05:42 PM
Hi Lorraine,

I'm sorry to learn about your brother. The purpose of bringing any lawsuit in New York is to obtain compensation for the injured victims and their families. Obviously, once permanent damage has occurred, no amount of money can replace the injured victim.

Medicare and Medicaid play an important part in being able to provide medical services for people who do not have health insurance in New York. It allows them to obtain medical care from doctors and hospitals without having to worry how they're going to pay their medical and hospital bills.

If the medical care and treatment your loved one is receiving came about because of wrongdoing caused by a doctor or a hospital, and you or your family recover his compensation for those injuries or death, then Medicare has a legal obligation to recoup the money that they paid for your family member's medical care and treatment.

This means, practically speaking, that anytime you bring a lawsuit seeking compensation for injuries caused by someone else's wrongdoing, and are successful; if Medicare or Medicaid paid for those medical services, then they must, by law, make every effort to retrieve the money that they paid out.

Unfortunately, in some cases, this means that you and your family may receive little or no money as compensation, after the attorneys expenses, the attorney fees and the debt that must be repaid to Medicare or Medicaid. You and your family would receive the remaining amount of money after all that.

That is why, in some instances, I have recommended that a family not pursue a lawsuit since doing so will likely not result in them receiving any financial compensation after all fees and Medicare and/or Medicaid have been paid back.

In many instances, we are able to negotiate with Medicare and/or Medicaid to try and get them to reduce the amount they are seeking, based upon the amount we are actually able to recover as financial compensation for you and your family.

I wish you and your family the best of health in the future. Good luck to you.

Gerry
Posted by Gerry Oginski on November 2, 2009 at 02:51 PM
MY BROTHER DIED IN THE CARE OF A NURSING FACULITY. HE WAS ON MEDICARE MEDICAID. IF HE DIED AS A WRONGEFUL DEATH AS WE BELIEVE (THE ATTORNEY GENERALS OFFICE WAS CALLED IN) IS IT TRUE THAT MY BROTHER DIED IN VAIN BECAUSE HE HAD NOTHING? WE COULD NOT SUE. WHAT ABOUT THE LOVE THAT IS LOST OF MY BEST FRIEND AND MY CHILDRENS UNCLE. HE WAS ONLY 58 YRS OLD.
Posted by LORRAINE on November 2, 2009 at 02:12 PM

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