Legal Question in Medical Malpractice in Illinois

Re: Negligent Overdose

The chances are overwhelming that you will have to reimburse you insurance. It is called the right to subrogate. Your insurance contract, if it is like al the others that I have seen, probably says that if you collect from a third party money they have paid for your son, they have a right to that money up to the amount of the bills. What I wonder, are they going to reimburse you for the 'troubles" you had to go through or are they only laying for the bills and other expenses. This is a negligence case where they should really pay more than only the bills and expenses you have incurred. Before settling, I would suggest you ask your insurance company if they would agree to a reimbursement for a lesser amount of what they have paid. I have always been able to get them to accept a lesser amount. I hope this helps.

Nima Taradji

Re: Negligent Overdose

In general, insurance companies have a right of reimubursement under such circumstances. This is basically to avoid double recovery of medical expenses by the victim of the negligence. However, as a result of the negligence, there are other categories of damages which your son may be entitled to, that will allow a net recovery. Please consider consulting with an attorney.

Re: Negligent Overdose

Probably. It depends on the terms of your insurance policy. It would be better to settle for a lump sum and try to arrange for a three way agreement with your insurer. You should hire a lawyer before conducting further negotiations. Call me if you wish.