I had a partial lung removal, but the surgeon made an error. I am thinking of filing a claim. All medical bills have been paid thru Humana/Medicare and by me. If I receive any compensation, do I reimburse Humana/Medicare what they paid? What if my compensation is less than what Humana/Medicare paid?
Dear Marie,
I am sorry to hear about this and hope your condition improves. That being said, the answer to your question can only be obtained through medical expert review of your medical records to determine whether the standard of care was breached and if that breach directly caused or contributed to causing you serious and permanent injuries. A Medical Malpractice Attorney can assist you in exploring these issues by interviewing you in depth and reviewing your medical records prior to potentially sending them out for review by the appropriate medical experts. If a recovery is made, Humana / Medicare will most likely have a right of subrogation. We all give free consultations; however, you will have to reach out, as we are unable to solicit on this forum. Do not delay, as the Statute of Limitation for bringing a Medical Malpractice lawsuit is relatively short given the complexity involved in such cases.
Loren L. Gold, Esq.
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