When you suffer an injury because a healthcare provider was negligent, the related medical bills may be paid by an HMO, a group health insurer, Medicare or Medicaid. If you succeed in claiming damages, the law requires you to reimburse that HMO, group health insurer, Medicare or Medicaid for the medical expenses they paid on your behalf because the defendant was negligent. This is known as a “subrogation claim.”
Certain hospitals in Florida have been granted a special lien related to personal injury recovery for medical bills that have not been paid. For example, Florida’s Medicaid Act states that failure to reimburse Medicaid in this situation is a criminal act. Other categories of healthcare insurers negotiate with patients and are willing to reduce their claims for reimbursement, based on the particular circumstances of the case. In this situation, it is best to have an attorney handle the matter.
Additional Frequently Asked Questions
- What Is Loss of Consortium In A Medical Malpractice Case?
- What Does “Contributory Negligence” in Relation to Medical Malpractice Mean?
- Are There Limits on Damage Awards for Medical Malpractice?
- Do I Have a Case Because My Condition Got Worse Due to My Doctor Failing to Refer Me to a Specialist?
- How Do I Obtain My Medical Records?