Medical Bills Paid by TennCare are Recoverable
In medical malpractice cases, Tenn. Code Ann. sec. 29-26-119 restricts the medical expenses that an injured plaintiff can recover from a health care provider. The statute is clear as mud (139 words, 13 commas, a paranthetical, and only one sentence), which has led to some confusion over what it means. It's clear now, though, that medical expenses paid for by TennCare (or other government agencies with a subrogation interest such as Medicare and Medicaid) are recoverable under the statute. Take a look at Hughlett v. Shelby County Health Care Corp., 940 S.W.2d 571 (Tenn. App. 1996) for the last word on the issue. A great quote from the case:
At issue is whether the Medicaid program or the defendant health care provider should bear the costs of Medicaid payments made to the injured tort victim.
Post A Comment / Question