medical reimbursement

Published on: October 25, 2011

Georgia Medical Malpractice Caps Affect Patient Rights to Compensation

A congressional committee, which has been convened to look at ways to trim the federal budget and reduce budget deficits, has been hearing from physician lobby groups and other representatives of the healthcare industry.According to these people, healthcare costs can be reduced by limiting damages available to patients through medical malpractice lawsuits.As any Atlanta medical malpractice lawyer will tell you, nothing could be further from the truth.Opponents of medical malpractice caps and Atlanta medical practice lawyers know that this is an old trick – raising financial concerns during these troubled economic times in order to limit patient rights to compensation after being seriously injured by medical negligence.

Medical malpractice lawsuits are an essential part of policing the conduct of doctors and other medical professionals. Just as with anyone else in our society, each medical professional should be responsible for their own conduct in causing a personal injury or wrongful death. Further, the presence of such claims forces physicians and other medical professionals to make certain they are both aware of and adhere to appropriate standards of care. In reality, approximately 5% of the physicians commit approximately 90% of the medical errors which occur. However, the medical professional has refused to revoke the medical licenses of medical doctors who are consistently negligent in their care of patients.

The Joint Select Committee on Deficit Reduction has been considering ways to reduce budget deficits, and will be considering healthcare cutbacks as part of those measures.A number of consumer safety groups, including the Alliance for Justice, Center for Justice and Democracy, Consumer Action, Consumer Watchdog, Consumers Union, Patient Safety America, Public Citizen, and Texas Watch have written a letter to the Joint Select Committee on Deficit Reduction.

Published on: December 3, 2010

Medical Lien Secrets Every Injured Car Accident Victim Should Know

by Robert N. Katz, Esq.

A number of personal injury victims sign medical liens every year.The victims often times do not know the consequences that a lien can have on their personal injury settlement.Signing a medical lien could be a fatal mistake that can wreck your personal injury claim.

Receive Treatment for Your Injuries

Whatever your case may be (lien or no lien) it is important to receive treatment and continue that treatment if necessary.Your recovery is critical to you and your family.Receiving treatment will help to ensure your injuries do not get worse after your accident.

Published on: November 26, 2007

Medical Reimbursement by Wal-Mart Leaves Employee Destitute

by Robert N. Katz, Esq.

November 26, 2007

Last week, the Wall Street Journal’s (subscription required) front-page story explained insurance subrogation through its personal effect on Wal-mart employee, Deborah Shank.Fifty-two year old Shank worked as a night clerk at Wal-mart for years in order to care for her three sons during the day.Seven years ago while shopping at a yard sale, Shank was hit by a semi tractor-trailer, leaving her paralyzed and brain damaged for life.

Shank’s family sought legal help and eventually obtained a one million dollar settlement, which were the limits of the defendant’s liability insurance policy.With the settlement, the Shanks paid their attorneys, paid off some debts and purchased a wheelchair accessible home for Mrs. Shank.They placed the remaining $417,000.00 in a special trust to care for her at home long term.

Published on: September 19, 2007

What is Medical Payments Coverage and When Should I Use It When Injured in an Auto Accident?

by Robert N. Katz, Esq.

Commonly, insurance policies include an endorsement which provides the insurer “will pay reasonable expenses incurred for necessary medical and funeral services because of bodily injury caused by accident and sustained by an ‘insured.’”Medical payments coverage for car accidents is optional under Georgia insurance policies and is available to the insured regardless of fault.These endorsements typically provide for recovery up to a certain amount for a certain amount of time, generally three years.Furthermore, the insurance carrier must pay benefits within sixty days of the demand by the insured who has suffered a personal injury in a car accident.

The question of who is covered under a medical payments endorsement for medical bills incurred due to a personal injury in a car accident is set out by statute.OCGA § 33-34-2(1) provides: “Coverage shall be available to the named insured, resident spouse, and any resident relative while occupying the covered motor vehicle, and to any other person legally occupying a covered motor vehicle.”

Individuals injured in automobile accidents should look to their health insurance carrier for payment of their medical bills first, as coverage is provided under contract with the health insurance carrier.The injured should then look to the medical payments carrier which will pay funds directly to the injured party and will reimburse the injured insured for any out of pocket expenses not paid by the injured insured’s health insurance carrier.It is important to remember that most automobile policies contain notice provisions which will also apply to medical payments coverage and in all cases, the injured insured should notify their own insurance carrier as soon as possible.