Before pursuing any claim for nursing negligence, inquiry must be made as to the payor source for all forms of medical treatment received by the plaintiff. As a general rule, all bills related to ac cause of action paid by Medicaid are subject to recovery prior to payment to the plaintiff.

Because of the length of time it takes to determine the amount and applicability of both Medicaid and Medicare liens, inquiries to these entities should be made as soon as a case is opened. It is not uncommon for Medicare to take an excess of two years to determine the amount and applicability of liens.

You can read more practice tips in my chapter Screening the Nursing Malpractice Case, in a text edited by Patricia Iyer, RN MSN LNCC. More information about Nursing Malpractice, Third Edition, 2007 may be found at here.