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Ethical Concerns: Medical Liens and Rights of Subrogation

By J. Michael Hayes

In last month's issue, we discussed the development of federal and New York State statutory and case law regarding third-party liens against the proceeds of medical judgments. Medicare, Medicaid and Workers' Compensation programs, among others, all want reimbursement of monies they have expended on those whose medical treatments they have covered. Straightforward as this concept might at first seem, problems for the injured party's attorney can quickly develop when he or she begins trying to work out the details, amongst the interested parties, of who gets what.

Lien or Subrogation?

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