After winning a settlement from a doctor, will we have to reimburse the insurance company?
Posted on Mar 09, 2008 under Insurance Information |A family member is in the process of a settlement, because of the doctor's mistake during surgery. She also had a corrective surgery following. Someone told her, that after the settlement, the doctor's office will notify her insurance company that they had to pay her money, and that the insurance company will come after her to get their money. Is any of this true?
March 9th, 2008 at 7:18 am
No! She will not be entitled to pay her own settlement. A doctor's malpractice insurance is not at all connected to the patient. A patient has no contractual relationship with the doctor's insurer and therefore there is no justifiable cause of action that would warrant the malpractice insurer to bring the patient to court.
March 9th, 2008 at 7:18 am
No , not as a rule, unless the insurance finds out that you have filed a claim against the doctor and the insurance company decide to try and put a lien on you claim; or the insurance company files their own claim for wrong doing! Ether way it would be up to the judge to allow any claims over and above the claim that you filed. You can always ask the Judge to meet in camera/ his chambers and ask the judge in person. Judges try to do what is fair, often that means you may have to add/ or withdraw another party from your claim. And If it goes to trail then you can file for the jury to make any decisions. This is often done for a bipartisan vote of rights!
March 9th, 2008 at 7:18 am
If they paid her medical bills and reimbursement of those bills was part of the settlement, it will be owed back to the insurance company. They paid them, not her. She would not have to share any monies that they didn't pay on her behalf. Normally they will pursue it fast and furious, so her best bet is to alert her attorney of any bills they paid so he can deal with them direct.
If she paid the bills, then obviously she is getting the check.
March 9th, 2008 at 7:18 am
most (but not all) insurance contracts have a subrogation clause so that if someone else pays you for exactly what the insurance has paid, the insurance company can seek their money back. For instance, in a car wreck, if the insurer pays for your car, and then you sue the other driver and the other driver pays you for your car, your insurer can demand the return of what they paid for your car.. Insurance only covers non-compensated losses in most cases. However, in a malpractice case, if the settlement covers damages, that is yours. If the settlement just covers the fee paid to the doctor, and that same fee was paid to you (or for you) by the insurer, then most policies call for reimbursing the insurer. If you don't know what all that means, consult a local attorney.
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