If your loved one has suffered an injury due to neglect or inadequate care at a nursing home, you may be considering legal action. One common but often overlooked part of nursing home neglect cases is the issue of liens—and understanding them is critical when pursuing a settlement.
What Is a Lien in a Nursing Home Neglect Case?
When someone is injured due to nursing home negligence—whether from bedsores, a preventable fall, or any other form of poor care—they may pursue a legal claim against the facility. If that case results in a financial settlement or award, certain parties may have a legal right to be reimbursed from that recovery. This is called a lien.
Liens are most commonly asserted by government programs like Medicare or Medicaid, which may have paid for some or all of the victim’s medical or nursing home care after the injury.
Why Do Medicare and Medicaid Have a Right to a Lien?
If Medicare or Medicaid covered medical costs related to the neglect, they are legally entitled to be reimbursed from any settlement or judgment. This is not optional—these programs have a legal right to recover their expenses. That means any funds received from a lawsuit must first account for and pay these liens before the remainder goes to the injured person or their family.
How Do Assets and Estate Planning Affect This?
The way someone planned for nursing home care can influence which program paid for their expenses—and therefore which program may file a lien. For example:
If a person had limited assets and qualified for Medicaid, that program may have covered their care and will likely seek reimbursement.
If the person received care paid by Medicare, then Medicare may assert a lien instead.
Regardless of the program, the key is understanding who paid for the care and how much they are entitled to recover if there’s a financial award.
What Does This Mean for Your Family’s Recovery?
When pursuing a nursing home neglect claim, it’s important to know that the total amount of a settlement is not the same as what your family will actually receive. Liens must be paid first, and that can significantly affect the net amount that goes to your loved one or their estate.
That’s why part of our legal representation includes:
- Identifying all potential lien holders early in the process
- Communicating with Medicare or Medicaid on your behalf
- Helping you understand how much might be owed
- Negotiating lien amounts when possible
Get Legal Help for Nursing Home Neglect and Liens
If your loved one was injured in a nursing home and you’re concerned about who might have a lien on any future settlement, we’re here to help. We’ll walk you through your options and make sure all financial aspects of your case are handled properly, including liens.
Contact us today if you have questions about liens, nursing home neglect claims, or what to expect from a legal settlement.