Articles Posted in injury

Your health treatment has been denied because your health insurer says it is not “necessary”? It’s not unusual for health insurers to deny coverage for procedures and medications which they deem “not medically necessary.”  Typically, this might start with a procedure which requires you to get advanced approval from the health insurance company.  Your doctor…

Friends: In the midst of a health crisis in America, now is a great time to make sure that if crisis strikes, you can talk to your loved one’s medical team. Now is a a GREAT time to do a living will (declaration for a natural death) and a health care power of attorney. Parents…

I had the great pleasure of teaching a class to over 110 criminal defense lawyers on February 28, 2020. They were all gathered to learn how to defend their clients who have been charged with DWI or DUI. I was there to tell them how it works when I sue their clients for injuring my…

Friends: This post is an update on an earlier post concerning changes to the law of Medicaid subrogation in North Carolina. The earlier post can be seen here: Medicaid: “Ahlborn hearings” are back thanks to the 2018 federal budget which makes Medicaid provide lien reduction hearings again. But watch the deadlines! Here is the short…

I’ll put the most important thing first, then explain it. This is just my opinion, and applies only to North Carolina law, but since deadlines may be running, I wanted to get it out there. If you settled a case (by minor settlement, signed release, or Industrial Commission approval) in which Medicaid claimed a lien,…

The North Carolina House is set to discuss a “tort reform” Bill tomorrow H542 (they have not “officially” released it but NC Trial Law Blog has an advanced copy) that would grant immunity from suit to any product “regulated” by a State or Federal Agency. UPDATE: 4:24 pm March 30, 2011: The Bill has finally…

Increasingly, lawyers find that even when an injured client has some type of health care coverage, when the client has been injured by the negligence of a third party, it is often difficult to get the health insurer to pay the bills. Typically, this stems from the Health Insurance contract having language that says the…

Just had a great straight forward question about the interaction of Medicaid Liens, Attorney Fees, and medical provider liens pursuant to NCGS 44-49-50. QUESTION: Is Medicaid’s lien capped at one third of liability proceeds received or half of what is left over after attorney’s fees? In other words, if I am pro-rating a Medicaid lien…

So we all know that President Obama is talking about some type of Health Care reform in America. I can tell you from years of representing those injured in car accidents, here in Raleigh and across the state of North Carolina, that we need some type of health care reform. The folks that need coverage…

CNN and WRAL are reporting that two people were found dead and a third person is still believed missing in a Garner food plant heavily damaged in a morning explosion. Four people were in critical condition after the explosion at the ConAgra Foods plant in the town of Garner and 20 others were taken to…