When you are injured due to medical negligence, your recovery process may first entail healing physically. And so, this requires you to get immediate healthcare, which your insurance provider will likely cover at least a portion of. Then, you may focus on recovering financially from the economic and non-economic damages that followed your injury. This means filing a civil lawsuit against the negligent healthcare provider. But if you receive a successful settlement or judgment award, external parties may try to go after this money. With that being said, please continue reading to learn how medical liens might affect the outcome of your case and how an experienced New York City medical malpractice attorney at Mark L. Bodner, P.C., can help protect this payout as much as possible.
Who is permitted to file a medical lien against me?
Firstly, a medical lien is a legal claim placed to seek repayment for medical care related to your injury. So, in the context of your medical malpractice case, a lien ensures the appropriate party is reimbursed for what they are owed once you receive a settlement or judgment award. This is so that you do not get “double recovery” for the same injury and other losses from more than one source, an incident effectively prevented by law.
And so, a hospital or specific healthcare provider may place a medical lien against you for the unpaid treatment they provided for your malpractice-related injury. Or, Medicaid, Medicare, or your private healthcare insurer may take this action if they covered your initial medical costs and want reimbursement based on subrogation laws. Lastly, your workers’ compensation or Veterans Affairs program may assert a lien if they applied benefits to this specific injury.
How can medical liens impact my malpractice settlement or judgment?
Typically, you may not have to worry about addressing your medical liens directly. But they usually must be satisfied before you can receive your final medical malpractice settlement or judgment. This is to say that, depending on the total lien amount, the award you ultimately receive from your malpractice case may be significantly lower than what the New York State civil court originally ordered.
Rest assured, your hired attorney may step in and attempt to preserve as much of your money award as possible. That is, they may work on your behalf to review the lien paperwork and decipher whether it is legally compliant. They may flag and dispute liens that are filed late, filed without proper documentation, overcharge what you owe, double-billing for the same injury, or bill for an injury or treatment unrelated to your malpractice incident. In a best-case outcome, they may get these liens reduced or dismissed entirely.
If you are still hesitant about taking the monumental step of filing a medical malpractice lawsuit, consult with a skilled New York City medical malpractice attorney from Mark L. Bodner, P.C., to get the assurance and confidence you need to proceed. From here on out, we will be with you every step of the way.