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A man was born with a chromosomal condition


A man was born with a chromosomal condition and began receiving medical assistance from the State’s social services. He subsequently suffered an injury during his corrective spinal injury surgery, which resulted in his partial paralysis. A medical malpractice action was commenced by the man’s sister on his behalf against the hospital and several doctors where the surgery was performed. The man continued to receive medical assistance from the State’s social services and they filed a lien for recovery from any award made in the medical malpractice action, for such assistance for which the third-party offender was found to be liable.

Consequently, the parties to the medical malpractice action reached a settlement. Based upon the proposed settlement, the state’s social service agreed to accept the sum of $102,423.56 to settle the lien. The amount necessary to settle the medical claim was premised on a letter from the social services stating that it would accept that amount on the lien against the proceeds of the personal injury lawsuit, based on the proposed settlement of the lawsuit for the sum of $1,600,000. The letter further provided that the state’s social services reserved the right to collect any unpaid balance of the lien if the man reached a further settlement that provided additional proceeds or if he should receive funds from another source such as the lottery.

The settlement of the medical malpractice action was approved by the Supreme Court with the direction that payment made to the state’s social service in the amount of $102,423.56, in full satisfaction of the lien to the date of the order.

In accordance with a further direction of the Supreme Court, the man’s sister petitioned for appointment as guardian of the person and property of her brother and for approval of the creation of a supplemental needs trust. The man was declared to be an incapacitated person by order and decision and his Suffolk sister was appointed as his guardian and a supplemental needs trust was created, with the sister as trustee.

Until the Supreme Court approved the settlement of the medical malpractice action, the Nassau man possessed a claim against a third party, but he did not have any present properties or resources to meet his needs.

The medical assistance provided to the man during his lifetime may be viewed in three different parts. Those are the period, when the man received medical assistance as a result of his chromosomal condition, the period when he received medical assistance as a consequence of the failed medical procedure that left him partially paralyzed, in addition to the continued receipt of assistance attributable to his chromosomal condition and the period when he continued to receive medical assistance in spite of his receipt of assets from the settlement of the medical malpractice action.

Upon the settlement of the negligence action, the man was in possession of the properties and resources that would have rendered him ineligible for continuing medical assistance but for the special treatment accorded the assets placed in a supplemental needs trust. Based on records, there was no interruption of receipt of assistance by the man while the petition for guardianship and creation of the supplemental needs trust was pending judicial consideration. The state’s social service department is entitled for a reimbursement for all the medical assistance provided to the man.

Consequently, the court ordered to modify the decision by deleting the provision in denying the branch of motion of the state’s social services which was for reimbursement of the amount of medical assistance provided by the health program of the state to the man and substituting therefore a provision granting the branch of the motion. The order is further affirmed by the court.

There are situations that even our health care provider does not hope to happen. Circumstances like failed medical surgery could result into an unwanted scenario of the person’s wellbeing. If you want to file damages for what happen to your loved one, the NY Medical Malpractice Lawyers can offer their finest legal services. Somehow, if you obtained injuries and your current goal in life is to fight for the said situation, the NYC Personal Injury Attorney or New York City Injury Attorney at Stephen Bilkis and Associates are the right choice.

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