Medicare does not pay medical expenses that are expected to be paid by insurers or by the “Fondo del Seguro de Estado”. That is why, when Medicare pays medical expenses in a medical malpractice case, which eventually is indemnified or damages are paid, due to a court’s sentence or by a transaction among the parties and the medical insurer, Medicare typically has the right to recover the expenses of what they invested in, related to treatment of damages caused by the doctor-medical negligence. It is important that the client is always conscious of this, since, in some cases, Medicare’s claim has been the same or more that what the insurance policy has paid due to the caused negligence. For more information, you can access the following web page. http://www.cms.gov/Medicare/Medicare-Secondary-Payer Recovery/MSPRecovClaimPro/index.html?redirect=/msprecovclaimpro/.
