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Medicare MSP Compliance

When Is Medicare At Fault

Guest blog

When you visit a doctor, you expect a certain level of care. This comes from both the doctor and your health care coverage provider such as Medicare. Unfortunately, patients do not always receive the care they deserve, but when this happens, who is at fault? Is it the doctor’s office, or is it Medicare?

In some cases, one or the other fails to serve their patients properly. Sometimes it can even be both parties. As a medical malpractice lawyer can share, there are certain cases where it is difficult to determine fault, but a knowledgeable attorney can guide you through the process in order to get you the compensation you deserve.

A lawyer will examine all parties involved in your case, and they will be able to determine who was the at-fault party. Our friends at Cohen & Cohen are here to shed some light on examples of issues you might face from doctors versus Medicare so that you can be well-informed and prepared in case these incidents happen to you.

Discrimination

No kind of discrimination is tolerated within Medicare. This includes sex, gender, race, and more. At any time, if you believe this is what is happening to you, it is best to contact a lawyer for help. However, when it comes to discrimination it is most times at the level of your actual care provider and not your coverage provider. This means the doctors treating you are more likely to be at fault than Medicare. There are rare instances, however, where discrimination can occur within the Medicare system.

Privacy

You have a right for your medical records to be kept private unless you designate that they may be shared with another party. There might be a time when your records are shared without your consent. If your records are shared, this is a legal violation. It is Medicare’s duty to ensure the businesses they work with protect your information. If Medicare is found to have been negligent in this aspect, you may have a case. Oftentimes it is the actual doctor’s office that is at fault because they are the ones physically sharing the information, but if Medicare knew that a doctor had been sharing information and did nothing about it, this is where fault becomes tricky to establish.

Questions

A large part of Medicare is that you have the right to have your questions about the services rendered by Medicare answered. After all, if you do not know what is covered, then you may find yourself with a large hospital bill you were not planning on having. This scenario is extremely rare, but it can happen — and if you are directly asking the questions to Medicare and notice they are not answering you, then it is time to seek legal help. 


In essence, you have a right to be treated fairly, have your privacy protected, and have all of your questions answered. These are a few of the basic premises upon which Medicare operates. If any of these are violated, it is time to seek an attorney. Even if you are not sure whether your issues stem from Medicare or your doctor, it is best to seek legal counsel to understand what your options are. Contact a lawyer near you today for more information.

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