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Medical Malpractice Reform | Personal Injury lawyers in Indianapolis

A Recent Study shows Lack of Health Care Savings on Medical Malpractice Reform

Since this was posted, Indiana lawmakers have enacted changes in Indiana’s Medical Malpractice Law. To learn more about changes that benefit Indiana’s residents, visit our blog, 2016 Update on Indiana’s Medical Malpractice Act.

Personal Injury Indianapolis IN - Lawyer Many argue that one of the reasons medical costs are so high is due to fact that doctors are concerned with a potential medical malpractice lawsuit so the doctors order many medical tests, which turn out to be expensive and unnecessary, to protect themselves from liability.Call Charlie Ward at 317-639-9501

A recent study by the Rand Corporation investigated three states (Texas, South Carolina and Georgia) which have all enacted medical malpractice reform laws over the past decade. The study focused on emergency room care. The analysis showed that there has been very little impact from the stricter laws on the volume or cost of emergency room care.

The argument for defensive medicine comes into play with costs and many want to find a way to deal with the subject. The study seems to find that doctors are not as concerned with a potential medical malpractice lawsuit as thought. Thus casting doubt on savings from the medical malpractice reform laws which have been enacted in the three states. Each of the states enacted the medical malpractice reform laws as a way to prevent escalating health care costs. The study was published in The New England Journal of Medicine. The debate continues……

The Indiana Hospital Lien Statute May Affect the Compensation You Receive for Your Auto, Motorcycle, Semi Tractor-Trailer Accident or Personal Injury Claim for Damages

History of Hospital Lien StatuteCall Charlie Ward at 317-639-9501

Indiana’s Hospital Lien Statute, IC 32-33-4, is designed to legislatively protect the financial interests of treating hospitals in accidents involving injury. When an injured party is taken to the hospital following a car, motorcycle, pedestrian or trucking accident, hospital administrators may instruct their attorneys to file a lien for hospital charges against any action, suit or claim which may be brought by the patient against the party or parties responsible for their injuries. The hospital is given a period of 180 days after patient discharge to file the lien with the county recorder’s office and an additional 10 days to serve notice by registered mail upon the Indiana Department of Insurance, claimant and claimant’s attorneys.There are several exceptions to Indiana’s Hospital Lien Statute including distributions paid from the supplemental state fair relief fund. For a list of others, see IC 32-33-4-3(b)(3).

How does the hospital statute affect your claim?

  1. Hospitals are given up to 180 days to “perfect” or file a hospital lien. An experienced personal injury attorney will not begin negotiating a claim until the hospital has asserted their lien or 180 days have lapsed without the hospital perfecting its lien.
  2. The statute provides that the claimant shall receive no less than 20% of their settlement. However, the hospital may pursue recovery of any remaining unsatisfied balance by any other legal means necessary.
  3. Payments made by health insurance shall be deducted from the total amount due. However, the hospital may assert a claim over and above payments received notwithstanding applied discounts contracted with health insurance carriers. If the hospital lien has not been fully satisfied after disbursement from proceeds of the settlement, the hospital may use any legal means necessary to recover the outstanding balance.

Update on Hospital Lien Statute

Since this article was written, the Hospital Lien Statute has been changed by legislators with the help of dedicated attorneys and the Indiana Bar Association. Medicare recipients have also benefitted under the new legislation.

Financial Effects of Hospital Lien Statute and Your Lawyer

An outstanding hospital lien, the result of a catastrophic injury, can bring about financial ruin at a time when wits are required to piece lives back together emotionally and physically. An experienced personal injury attorney will negotiate with all parties involved to secure a full hospital release before settlement is made. The attorneys of Ward & Ward, Charlie Ward and Don Ward, have over 80 years of combined experience in dealing with personal injury and wrongful death claims. We understand personal injury law and work on behalf of our clients to successfully resolve their legal claims.

Call Charlie Ward today for a free consultation at 317-639-9501.

Charlie Ward