Do I have to pay back medicaid if I win a medical malpractice suit?

[jaren12]

My sister was sick when she was 3 and the doctors messed up they took her appendix out for no reason(even though it don't matter). She had strep throat and it got really bad to the point that she stop breathing and needed to be on a respirator. She was hospitalized for a month and she had the full works. Also they cut up her leg and scarred it really bad for no reason. So she is 17 years old now and they finally want to settle for an amount for 420,000 dollars. So the lawyer gets 33.3 percent. Now the lawyer said we have to pay back medicaid for the month she was in the hospital. Also she said the money also has to be in a trust fund and she can never touch it. The lawyer never told us about it and to be honest what the god dam point of sue-in if we don't get back a god dam thing. please help and very detailed please

[weiford]

Are you your sister's guardian? I don't understand why you, rather than your parents, are involved.

Yes, medicaid has to be paid back. Yes, if she is a minor, the money has to be held in trust. Of course she can touch it, depending on the terms of the trust. She should wait to settle until she is 18, then she could get the money. Unless the settlement offer is to have it in trust, in which case she would get the money in payments over time.

Most states require a trust for a minor, to keep parents and others from taking the money from them. Usually that money is paid out annually and is calculated after the attorney is paid and after all the medical bills are paid. Perhaps he means that the money will be paid out as scheduled, but you can't change that schedule.

It's a good idea to do that because 18 year olds arent' the smartest with money and it also keeps people like brothers and parents from trying to get the money from a naive person.

You are her brother, why should you get anything out of it? Or for that matter, anyone else in the family. It's her injury, her case, her money.

It sounds like a trust is a good idea in this case because it sounds like certain family members are trying to take her money from her.

Mom: Don't blame me for the assumptions. It's here brother who posted "why dont' WE" get any money. It's her money. That's what the trust is for. Since he mentioned "we" I assume the family wants some of HER money. I respond to what I am presented with.

You should not be rejecting this because of the trust or the requirement to pay back medicaid. Those are legal requirements. A good trust would be set up to pay college tuition or for other good uses. It's not wise for an 18 year old to get all that money at once. The trust will give her money at regular periods. It also enables a higher settlement amount than if was just cash, so she will end up with more money.

That's a lot of money and it doesn't sound like she has long term permanent damage or need for medical care. It sounds like the only lasting effects are the scars on her leg. I don't know what the bills were, but if there is no need for medical care, it sounds like a fair settlement.

[nemausus36]

I would contact another lawyer to get the other lawyer's opinion and guidance. You can call The American Bar Association, very briefly explain the situation and ask them to recommend a good lawyer
for you.

[abelard29]

Yes you do. Any time you win a settlement you have to repay public benefits that you received over her lifetime. She can have the money when she is 18. Medicaid will deduct their money before you get the settlement check.

[emilek17]

Am answering because of the retired lawyer. Yes it's true that you have to pay the medcaid back if you won the lawsuit. Am responding because that's the law in NY state. Now am the mom and am the one who did the law suit for his sister. My lawyer has been explaining everything from day one . Now the agreement was 420 but I have not sighned on that agreement. Now nobody is trying ro take her money and this is why I don't trust people. Is it possible to answer a question without being negative. What ever I decide is going to be in her name. I took care of 2 kids all my life without child support and only one year in welfare. My son is 20 and my daughter is going to be 18 this year. My family is not like most family's and my son is just wondering because my daughter asked him to ask a question on Yahoo. Again next time any body answers a question without assuming anything .Nothing is final until I sign the papers. So you you know I declined that offer and thank you for your answers.