Subrogation

December 28, 2021

Medical malpractice actions routinely involve the attempt to recover medical bills incurred as a result of a healthcare provider’s negligence. In the majority of cases your medical bills have typically been paid by health insurers, Medicare, Medicaid, and the Veteran’s Administration among others. These entities typically are entitled to be reimbursed for the amounts they paid on your behalf out of any medical malpractice judgement or settlement you may obtain. This right to reimbursement is called “subrogation.” This right to reimbursement is usually recognized and enforceable under both federal and state law. In fact, under most circumstances, attorneys are legally obligated to withhold from any judgement or settlement, amounts sufficient to satisfy these subrogation claims. The amount of these claims will reduce the amounts which you ultimately receive from any judgement or settlement reached on your behalf. As part of our representation, Pauley Curry will attempt to negotiate a reduction in the claimed subrogation amounts so as to maximize your recovery as much as possible.