Legal Question in Insurance Law in California

Claimant was hospitalized and now has filed a 90-day NOI Med Mal claim. Claimant does not have Medicare coverage anymore, but has CalOptima. So, since CalOptima paid for the hospitalization, does Claimant have to report the claim (for settlement lien purposes) to Medicare or to CalOptima, or to both?

Asked on 2/16/17, 6:28 pm

Experienced California Attorneys

At the Law Offices of Eslamboly & Barlavi we handle most types of Personal Injury Cases and Tort cases including: automobile, truck, motorcycle, pedestrian, bike, and slip and fall accidents, dog bites, wrongful death, legal malpractice, medical malpractice and products liability cases. We only get paid if we recover compensation for you. Visit our website or call 1-800-LAW-TALK.

For more information visit us at

1 Answer from Attorneys

Timothy McCormick Libris Solutions - Dispute Resolution Services

The question is who paid for the treatment that RESULTED from the alleged malpractice. That is the entity that would have a lien. Who paid for the negligent treatment is irrelevant.

Read more
Answered on 2/16/17, 8:26 pm

Related Questions & Answers

More Insurance Law questions and answers in California