Who Pays the Bills?
March 1, 2016 § 2 Comments
Back in 2013, I posted about the MSSC’s decision in Memorial Hospital v. Proulx, which held that medical providers do not have a lien against the proceeds of a minor’s settlement. I think I aptly described that case as a “curveball for minor’s settlements.” You can revisit that post at this link.
Then last week, when I reprised “An Outline for Minor’s Settlements,” Randy Wallace picked it up, linked it, and did a nice piece on ERISA and subrogation that you should read and have in your minor’s settlement arsenal. You can access it at this link. His piece, which is well-researched and supported by authority, adds another dimension to the law of minor’s settlements, which on the surface appear simple, but can prove to be deceptively complex.
Great rule: sanctionable in the N.D. Miss., good law in the S.D. Miss. One day, the 5th Circuit will clean this up.
A minor’s settlement is a potential malpractice case waiting to happen 15 years down the road if one is not familiar with the trap doors in play at any given moment. Same can be said about a wrongful death case in which there are medical providers and insurance companies (and Medicare/Medicaid) standing in line with their hands out. A lot of moving parts in those cases, and the claimant’s lawyer is right there in the middle.