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Health insurance companies are concerned with their bottom line, just like any company. So don't be surprised if your health insurance company asks to be reimbursed after you settle your medical malpractice claim. Depending on the contract you signed with your insurance company, you may be required to repay for the money they spent on your injuries.

Virginia medical malpractice claims are typically filed because your injuries were serious. Rarely do medical malpractice claims arise from minor injuries, since they are more expensive to pursue than the amount you are able to recover. For this reason, medical malpractice cases are the result of serious, even life-threatening, injuries that your doctor directly caused.

If you have health insurance, your insurance company will pay for all or part of your treatment as you recover. This could mean surgery, long hospital stays, and physical therapy. All this medical treatment is expensive, and if your health insurance knows you recovered damages from a medical malpractice claim, they may ask you to reimburse them for the money they spent on your treatment.

The health insurance company may, or may not, be entitled to recover. That is why you should share the details of your health insurance policy with your attorney. They will review your contract with the insurance company and determine if you have a subrogation clause and if this applies to medical malpractice.

Subrogation generally means that your insurance company may have a claim to part of your settlement. This is more common in car accident and personal injury cases, but it could be a factor in your medical malpractice claim. Medical malpractice does muddy the water, since your insurance company likely has a contract with the doctor who commited malpractice. There can be a conflict of interest, but the only way to know for sure is to have an attorney review your case.

Ben Glass
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Ben Glass is a nationally recognized car accident and ERISA disability attorney in Fairfax, VA.