Are health insurers, including Medicare or Medicaid, involved in medical malpractice claims?

Are health insurers, including Medicare or Medicaid, involved in medical malpractice claims?

Yes. Health insurers, including Medicare and Medicaid, take the position that because they paid money as a result of a healthcare provider's negligence, they should be reimbursed out of your recovery. The law supports their position. This is the reason that juries are instructed by the judge to include medical expenses when they calculate a patient's damages.

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