Bowie, MD asked in Medical Malpractice for Maryland

Q: I may sue for malpractice but the injuries I suffered as a result led to payments by my insurance company.

Will I have to pay the money back if I bring a lawsuit?

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2 Lawyer Answers
Paul D'Amore
Paul D'Amore
Answered
  • Medical Malpractice Lawyer
  • Baltimore, MD
  • Licensed in Maryland

A: Most often the answer is yes. Private insurance contracts almost always contain terms called "subrogation clauses." These provide the insurance company the right to "stand in the shoes" of the insured (you) and recapture the money the company paid for care you would not have needed if there had been no malpractice. If you settle a malpractice case, the insurance company will often work with your lawyer to reduce the amount you must repay to reflect the fact that you had to pay a legal fee and costs to recoup their money. If you fail to repay your health insurance company after a settlement, you risk the company bringing a claim against you down the road.

Peter N. Munsing
Peter N. Munsing
Answered
  • Medical Malpractice Lawyer
  • Wyomissing, PA
  • Licensed in Maryland

A: In addition to what Mr. D'amore said, generally the fact you have to pay back is included in the award--you are making a claim for related medical expenses, so the person who paid it gets that money back. However that's assuming you have a case--why not contact a member of the Md. Assn for Justice? They give free consults.

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