Q: If I win a malpractice case, how much do I have to pay back my health insurance provider?
A: There is no universal formula. Insurance is governed by state regulations, so part of the answer could hinge on state-specific provisions of Pennsylvania law regarding subrogation (recouping by the carrier) of the cost of benefits originally provided by the carrier. It could also depend on the individual insurance carrier, as some could be more lenient than others in negotiating reductions of their medical liens based on the amount of a settlement or jury verdict. If it's a public agency insurer, they could be less flexible because the amounts they must recover are governed by pre-set percentage reductions. If you are represented by an attorney, they should be able to outline the operation of this in greater detail for you. Good luck
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.