Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

Full Bio →

Written by

UPDATED: Feb 20, 2013

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.

You likely do not have a legal right to sue Medicare or the government due to limited nursing home care.

When a person experiencing extensive medical treatment and/or staying in a nursing home hits the limits of Medicare’s coverage, any additional care required that exceeds the Medicare limit is not covered by the insurance.

In some situations, this might force the insured to make a choice, and simply go without the required care. Ultimately, the patient suffers as a result of Medicare’s limits and to someone in this unfortunate situation, it might seem logical to sue Medicare. 

However, in a legal sense, the burden of responsibility for receiving proper care does not fall on Medicare. It falls on the caregivers, such as the doctors and hospitals, and it falls on the patient and/or his or her caregivers.

If a medical facility makes the decision to limit care due to limitations of medical insurance coverage, they can likely be held legally responsible, at least in some situations. If a patient or his or her caregivers made the decision to limit care because of Medicare coverage issues, even if they were forced by financial barriers to do so, they are considered legally responsible for that choice. The assumption is that it might be possible to seek care or funding elsewhere if the medical care is truly necessary, and the responsibility for doing this falls on the patient.