Legal Question in Medical Malpractice in New Jersey

Re: Medical malpractice

Medicare is reimbursed because they paid for the care that was caused by the fault of another and when you brought suit, the suit included the cost of the care paid for by the government. It's the law.

Re: Medical malpractice

Federal Statute requires it. Theoretically, if the ddamage was caused by the negligence of another, then Medicare deserves to be reimbursed the costs that they incurred in the same way the person injured does. They do bear an equal porportion of expenses and attorney's fees. It still can hamper settlement and is something to be very aware of.

Be advised that if you fail to reimburse them on a recovery, the government can be very aggressive about their recovery. Follow your attorney's advice.

Re: Medical malpractice

One of the elements of damages you are compensated for in your negligence case are the medical bills of the providers that have been paid by Medicare. If you were permitted to retain those funds rather than pass them on to the Medicare program who paid them- you would receive recovery for something for which you had not suffered a loss.