If my wife was injured by improper positioning during a surgery, in a potential malpractice case would Medicare or myself pay for her doctor care?

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If my wife was injured by improper positioning during a surgery, in a potential malpractice case would Medicare or myself pay for her doctor care?

This case is still developing, no definitive diagnose as to the back injury incurred due to positioning during surgery. Right now doctor care is being paid for by Medicare. At what point is it considered a malpractice and does the care become the responsibility of someone else besides Medicare?

Asked on July 15, 2019 under Malpractice Law, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

Even if it is malpractice, it's not the responsiblity of someone else. Rather, you (or Medcare, as appropriate) still pay for the care--but you can sue the doctor or hospital, etc. for reimbursement for your out-of-pocket medical costs, for your wife's lost wages (if any), and, if she suffers long-lasting (months or longer) significant life impairment, "pain and suffering."


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