Medicare And Medicaid Liens And New York Medical Malpractice


Whenever you have a negligent act committed on you such as medical malpractice, car accident, or slip and fall, and government entities pay funds for your treatment and car, they can assert a lien. This includes medicaid, medicare, or workers’ compensation. These liens needs to be paid back if they are related to your lawsuit.

So what happens if you get a verdict or a settlement—do you have to pay it back?


This is very important because the government needs to get its money back due to the negligence of another. If it does not, it can go after the plaintiff—the victim of the medical malpractice, YOU!—and sue you for the full amount. Not good! The government can also go after the defense attorney and defendants for paying out the money without satisfying the liens. This is also bad because they will ultimately bring you into the lawsuit too.

It is also bad because, if they have to sue you, they will get the full amount of the lien back. This is not good either, because some surgery liens could be more than your settlement! Think about it—if you have 3, 4, or more surgeries to repair the negligent damage done to you, you will have hundreds of thousands of medical bills. They will get all of that back!

But if you properly notify them, like you are supposed to under the law, you are able to get the total amount of these liens lowered by large percentages. This allows you to keep additional money and get the most from your lawsuit’s verdict or settlement.

These liens must be paid under state and federal law. Under the civil practice law and rules, lien holders must be notified of the lawsuit when the treatment paid for by the government is part of a lawsuit. This is important and must always be done. Shouldn’t negligent healthcare providers be liable for this?