Legal Question in Personal Injury in Georgia
Can I keep a hospital settlement being on medicaid?
My mother was in the hospital and an aid helped her out of bed to use the bedside commode at 3:00 a.m. The aid said she needed to get my mother's weight since she was awake. The nurse accidentially dropped my mother and she broke her tib/fib bone and will need to be in a cast for 8 weeks. She is on Medicaid. I need to know if the hospital settles out of court is my mother intitled to keep the money for the pain and suffering she is going through, or does the nursing home or medicaid get this when she is well enough to return to the nursing home.
1 Answer from Attorneys
Re: Can I keep a hospital settlement being on medicaid?
Medicaid has a lien for all care caused by the fall and injury. The lien has to be satisfied but your mother can keep whatever else she recovers unless she hires an attorney and then she'll have fees and expenses to pay.
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