Legal Question in Medical Malpractice in Ohio

Can the State of Ohio, having granted medicaid after a protracted delay for someone with a pre-existing medical condition who has now contracted cancer due to medical misdiagnosis of an autoimmune disease of the thyroid, now take it away again stating that it has been revoked due to "changed circumstances", when there have been no changes to the circumstances of the applicant either financially or medically, other than that their cancer is spreading?

Asked on 10/19/13, 2:08 pm

1 Answer from Attorneys

Howard Mishkind Mishkind Kuwlicki Law Co. L.P.A.

You need to determine what the "change of circumstances" is. If the misdiagnosis was due to a medical error and you establish a claim for medical malpractice you may be disqualified from being a Medicaid recipient. On the other hand if you have a Medicaid payback trust you may be able to avoid being disqualified from Medicaid. This is a matter that you should discuss with an attorney that has expertise in the area of Medicare, Medicaid and trusts. There are number of good attorneys in Ohio both in southern Ohio and northern Ohio that have expertise in this area. There are a number of regulations that also govern the qualification and disqualification for Medicaid depending upon where you live. I strongly urge you to consult with an attorney in your area that does special needs trusts and Medicaid trusts to get a better determination to help address your issue. If you are located in Ohio and specifically in Northeast Ohio please call me and I will be happy to direct you to an attorney that has expertise in this area and can better answer your question. Good luck.

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Answered on 10/20/13, 7:37 am

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