Do I Have to Repay My Health Insurance After a Medical Malpractice Case?

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Every lawsuit is unique, each with its own set of challenges and complexities. While our goal at Grossman Roth Yaffa Cohen is to resolve your medical malpractice case in the most satisfactory way possible, there can be questions and concerns you or your loved ones have, even after winning a lawsuit.

One of the most common questions our clients ask in medical malpractice cases is: Do I have to reimburse my health insurance provider for coverage from a medical malpractice incident?

The answer to that question can be complicated, however, for most lawsuits the answer is “yes.” If you settle prior to trial or obtain a verdict in a medical malpractice suit, you will likely have to reimburse your health insurer for all or a portion of what it paid on your behalf.

This is because the health insurance provider that paid for your care has a lien, or right of reimbursement. The amount you owe your health insurer largely depends on the details of your insurance contract or certain provisions of state and federal law if you have Medicare or Medicaid. Our team will conduct a legal analysis of what the contract or law says you owe then contact your health insurer and begin negotiations to determine how the lien can be satisfied at the lowest possible amount.

If you or somebody you love is seeking representation and needs assistance, Grossman Roth Yaffa Cohen can help. Check out our practice areas page to see what our teams specialize in and fill out the form at the bottom of our home page, or call +1 (888) 296-1681 for a free consultation.