Without proper planning and protection, settlement proceeds recovered in personal injury and medical malpractice cases could be wiped out in an instant if clients were forced to use them to privately pay for their care. Further, such settlements could be considerably affected by claims and liens asserted by government agencies like Medicare and Medicaid, if not properly negotiated from the onset. Attorneys should be prepared to recognize these situations and assist their clients, either personally or by retaining an attorney knowledgeable in these areas. Without this assistance, despite receiving substantial recoveries, clients and their families are likely to suffer unnecessary financial harm, and attorneys could face potential exposure for not addressing these issues.
Aaron Frishman will provide an overview of the applicable statutory provisions that enable such agencies to recover from third-party settlements, and will discuss the strategies and tools that litigators should all know when handling matters where their clients have received, or may need to receive public benefits. Further, Aaron will discuss the potential impact of a recent decision by the US Supreme Court, particularly on Medicaid negotiations in this area, and how attorneys and their clients can plan for potential changes.
For more information and to register, visit the Multnomah Bar Association website.
