How long does NY state medicaid have to claim money from a malpractice lawsuit?

August 28, 2018


I had a malpractice lawsuit, only reason I settled, besides fear, was my attorney assured me he could get medicaid to come down on their claim because they were trying to charge me for 5 years worth of health insurance, when I only sued on 1 surgery. My lawyer is holding some of my money and has had it for 3 years. My surgery that I sued on was almost 6 years ago. Everytime I contact him I feel like I am getting the run around, he is following up and they still haven't decided on the right amount of if they will waive it all together. How long do I have to wait before he can release these funds? At first we were told they had no claim, then they changed it. He said he doesn't think there is a statue of limitations, however I was told there was a 6 year statue.... where would I find this so I can show him. I know now he isn't a big medical malpractice lawyer.


Medicaid would have a lien on your settlement for their payment of medical services necessitated by the malpractice. Negotiating with them usually involves identifying those services, but I've never heard of it taking three years. You should have a face-to-face meeting with your lawyer to find out what's going on.

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