Medical Malpractice – Reimbursement of Medical Assistance 

Posted: 1:00 am Mon, March 15, 2010
By admin
Tags: Medical Malpractice

Where the patient settled her claims against the medical providers and specifically agreed to indemnify the medical providers against a possible claim by a medical-assistance provider, which had not been joined as a party; and the medical-assistance provider intervened after the District Court had approved the settlement and sought reimbursement of the $229,000 it provided in medical assistance; we conclude that the medical-assistance provider’s claim is not subject to apportionment since the patient could not independently limit the medical-assistance provider’s claim for medical expenses.

Affirmed.