Medical Liens After Medical Malpractice And How To Get Them Lower


When severe medical malpractice occurs, it can result in a lot of significant medical treatment to repair the damage done. This means additional surgery, procedures, second opinions, medications, and other treatment such as physical therapy, occupational therapy, or other care. Further, an at home nurse or or medical tech assistance may also be needed, including at home equipment such as chair lifts or bed hoists may also be necessary.

This means medical malpractice is EXPENSIVE. While you can get your medical bills paid for by a lawsuit or settlement, this does not mean that you will also be able to keep all of your expenses. Indeed, some collateral sources may be entitled to receive compensation. Collateral sources are other sources of payment, commonly insurance. Some collateral sources which need to be reimbursed for lost wages, medical bills, and medical treatment as a result of medical malpractice include workers compensation, medicare, medicare, and any other type of public assistance that has paid to assist you during your medical malpractice claim.

This means that the medical carrier will assert a lien. A lien needs to be paid back when you get your settlement. This comes off the top of your proceeds. For example, if the lien is $30k and your settlement is $100k, your settlement will be reduced to pay the lien to so you will net $70k. Then you have to pay your other expenses in the lawsuit.

But there is a way to help lower that. The New York Court of Appeals, the highest court in New York, has created a formula to lower the amount owed on the lien. This formula can generally lower the lien by an amount by 30% to 60%. The purpose is to help victims keep more money in their pockets following a settlement. This is important to use in some circumstances with large liens.