Legal Question in Medical Malpractice in New York

Re: Medicare in the event of a malpractice settlement

It is quite possible, yes. Wrongful death actions often produce two kinds of damages money. The first is economic loss payable to the next of kin and the second is conscious pain and suffering, payable into the estate and ultimately colleceted by the heirs. Note: Next-of-kin and heirs are not always the same people. Medicare has, over the last few years, become rather aggressive about collecting monies advanced for medical care on account of injuries. They may attempt to advance a lien on the pain and suffering money. A lawyer should not ignore a potential medicare lien. THe matter must be investigated carefully before any settlement monies are distributed. Good luck. Best, M. E. Zuller