Legal Question in Health Care Law in California

I will receive a settlement in 2 months but there is a Medi-Cal and Medicare lien posed against a wrongful death lawsuit

Is their a way to reduce the amount because settlement offer is low, and my attorney refuses to resolve the medical lien- even though an claim against my settlement has been submitted already because she says that there is a mistake in the amount of the due for the medical lien/ I think that my attorney is wrong


Asked on 5/17/15, 9:13 pm

1 Answer from Attorneys
Armen Tashjian Law Offices of Armen M. Tashjian

Perhaps your lawyer in not familiar with the Fitch decision.

The Director (Medi-Cal) may not assert a lien against a wrongful death recovery that does not include compensation for the decedent�s medical expenses covered by Medi-Cal. See Fitch v. Select Prods. Co. (2005) 36 Cal. 4th 812, 820, 31 Cal. Rptr. 3d 591, 115 P.3d 1233.

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Answered on 5/17/15, 9:26 pm


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