Robert Fader, New York medical malpractice lawyer and co-founder of StrokeLaw.com, discusses stroke malpractice settlements.
How your stroke malpractice settlement can be affected by Medicare.
Stroke Malpractice Settlements: What Happens in New York if You Have Medicare
If you bring a lawsuit for stroke malpractice, Medicare may have a role. When you sue for misdiagnosis of a stroke and Medicare paid for your health care, they may have a right to their money back. In New York, if Stroke Lawyers Cory Rosenbaum and Robert Fader think you have a valid case, we will pursue it. We will also work with medicare.
With Stroke Malpractice Settlements, we work with an entity called CMS that the US government uses to recover money for Medicare.
What happens is when we are close to a settlement with the doctor or hospital we are suing or the end of the case, we contact Medicare. We ask Medicare to provide us with how much they believe they are owed. We then ask Medicare to provide us with a list of the payments Medicare thinks they paid that have something to do with the stroke. We then review the list. Items on the list that have nothing to do with your stroke case do not have to be repaid from stroke malpractice settlements. Items that medicare paid that are related to your stroke, are part of Medicare’s claim against your money.
When we represent you in a stroke misdiagnosis case against a doctor or a hospital, we then negotiate with Medicare. We try and get medicare to accept less money then they are entitled to. We try and pay them less so that the victim gets more money in their pocket.
If we sue and lose, you not only pay us nothing, nothing goes to Medicare.
Stroke Malpractice Settlements: Why is Medicare Involved in Your Stroke Lawsuit?
Medicare is involved in stroke malpractice settlements because of a law that began during President George W. Bush’s presidency. We believe the goal of making putting medicare liens on Stroke Malpractice Settlements was to dissuade lawyers from taking the cases. It was a method of tort reform to protect doctors and hospitals. We do not let the extra burden of having to negotiate with medicare stop us from representing people with valid cases of stroke misdiagnosis.
If you want to learn more about how stroke malpractice cases are handled in New York, paellas watch our videos on YouTube.