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Thu Jul 27, 2017, 03:29 PM

Can't sue for Malpractice due to having Medicaid under the ACA?

My sister, still in Missouri, has been told she is not allowed to sue a doctor because she has medicaid and because of the ACA.

She has also been told by a , in my opinion, slum lord, that she is $3000 in back rent. He only takes cash and gives no receipts.Big kicker is no contract either.

Told her to go to Legal Aid. She said they told her to suck it up and pay it. They say they only handle battered women cases. And due to fiances, she can't go to a layer.

Now, I know I maybe a little spoiled living in Tucson, but this sounds funky.

I have not seen anything in the ACA that says you have to receive poor care and no legal avenue to take.

And as for Legal Aid not defending a poor person against a thug as this guy appears to be is bending my mind!

If this is a ploy to get me back there, it makes me want to stay more.

So has anyone read anything in the ACA that says people on medicaid can not sue for malpractice?

And those in Missouri, have any heard that Legal Aid only handles abuse cases?

And she also said that renter's rights don't apply to her because she is in a trailer. Any Missourian confirm or deny this.

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Reply Can't sue for Malpractice due to having Medicaid under the ACA? (Original post)
Lady Freedom Returns Jul 2017 OP
The Velveteen Ocelot Jul 2017 #1
Lady Freedom Returns Jul 2017 #2
MichMary Jul 2017 #3
Lady Freedom Returns Jul 2017 #8
procon Jul 2017 #4
Lady Freedom Returns Jul 2017 #9
loyalsister Jul 2017 #16
Weekend Warrior Jul 2017 #5
Lady Freedom Returns Jul 2017 #14
haele Jul 2017 #6
Lady Freedom Returns Jul 2017 #11
Mariana Jul 2017 #7
Lady Freedom Returns Jul 2017 #10
Mariana Jul 2017 #12
Lady Freedom Returns Jul 2017 #13
Horse with no Name Jul 2017 #15

Response to Lady Freedom Returns (Original post)

Thu Jul 27, 2017, 03:43 PM

1. She sure needs some decent legal advice.

The ACA doesn't prevent someone from suing for malpractice. There may have been some confusion over what's called the collateral source rule, which may allow an insurance or other provider to be reimbursed from a medical malpractice award. For example, if you were the victim of medical malpractice and your resulting medical expenses were $10,000 but these expenses were covered by some form of insurance, and you sued the doctor and recovered $50,000 (which might include damages for pain and suffering, lost wages, etc.), under certain circumstances the insurer could recover the $10,000 it paid out from your total award. If she has a good medical malpractice case she should be able to find a lawyer because in most personal injury cases lawyers work on a contingent fee basis - meaning they take a cut of your recovery, usually 1/3, if you win, but nothing if you lose.

I'm not surprised she can't get help from Legal Aid because in some areas they are so underfunded and understaffed that they are very limited as to whom they can help.

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Response to The Velveteen Ocelot (Reply #1)

Thu Jul 27, 2017, 03:51 PM

2. The whole thing is crazy.

Here in Tucson, there all kinds of things to help people.

But she says back there, nothing.

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Response to Lady Freedom Returns (Original post)

Thu Jul 27, 2017, 04:05 PM

3. I have heard

that tort reform in Michigan makes it nearly impossible for anyone to sue for malpractice. It may be the same situation in Missouri. It may have less to do with the ACA/Medicaid than tort reform.

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Response to MichMary (Reply #3)

Fri Jul 28, 2017, 03:21 AM

8. That sounds more plausible.

Just wish she would go get some sort of legal advice about all this.

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Response to Lady Freedom Returns (Original post)

Thu Jul 27, 2017, 04:16 PM

4. You can't give away your rights.

You can try to sue anyone, but unless fine someone who works pro bono, or your case is airtight and a lawyer agrees to take his fees after the settlement, then you need a big bankroll to hire a lawyer.

Legal aid clinics are available, and many specialize in certain aspects of law. They might be able to refer you to a more appropriate lawyer, or a legal referral hotline that can help you locate some assistance program.

From money disputes, you might look into small claims court. Check your state for the $ limits. Gather your supporting docs, most of which should be available online, and include all the local ordinances that the landlord in not complying with.

Don't rely on what third parties tell you, no matter how well intentioned all this advice seems, you're better off being your own advocate.

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Response to procon (Reply #4)

Fri Jul 28, 2017, 03:31 AM

9. That is what I've been trying to tell her!

Don't know if it is because of the baby on the way or what. But she just seems... scared to really fight for herself.

I'm the tiger, I guess. I'd be going full throttle to defend myself. And I would never rent w/o a lease.

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Response to procon (Reply #4)

Mon Jul 31, 2017, 06:06 AM

16. Legal aid barely exists in MO

There are so few public defenders that the lead atty tried to appoint the outgoing governor after he refused to increase funding and vetoed a bill that would have capped caseloads.
Any possible "legal aid" (as it is too generously called) is completely overwhelmed.
As far as sueing for malpractice, I would not be surprised if she is correct. I think that a suit where Medicaid is involved in any way would be complicated because they could wind up being on the defensive or any recovered damages would go to the state. Given the cap on punitive damages, the likelihood of any attorney taking such a case on a contingency basis is doubtful.

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Response to Lady Freedom Returns (Original post)

Thu Jul 27, 2017, 04:17 PM

5. I believe that the Landlord-Tenant Act in Missouri covers mobile homes.

 

In 2005 Missouri put into law a Landlord-Tenant Act for Mobile Homes. I think it ended up being rolled into the original Landlord-Tenant Act. Don't hold me to that.

https://www.ago.mo.gov/docs/default-source/publications/landlord-tenantlaw.pdf?sfvrsn=4

This article references the 2005 law.

http://legalbeagle.com/8495730-trailer-rights-eviction-law-missouri.html



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Response to Weekend Warrior (Reply #5)

Sun Jul 30, 2017, 11:56 PM

14. Sent her the links. Have yet to hear back.

Taking it as a good sign. As in she is using the info and helping herself out of a jam she KNEW better than to get into!

Renting without a lease...what was she thinking?

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Response to Lady Freedom Returns (Original post)

Thu Jul 27, 2017, 05:31 PM

6. Family friend lives in Missouri in a trailer they own, but they rent the lot.

SB 300 (mentioned in another thread) expanded Mobile Home rental code in 2005, and from what it looks like, is still in effect. Though it does appear to apply primarily to mobile home parks, or a lot where there are 5 or more mobile homes situated.

Here's another source - http://www.scottlawfirm.com/law.htm
From the way the laws are written, it looks as if there is little difference between renting a home or apartment, and renting a mobile home from a private individual. Especially not in eviction actions or health/safety requirements.

In Missouri, renter's rights apply in either written or oral agreements. It appears while oral agreements are only binding for 30 days at a time there still is required a written 30 day notice to cancel an oral lease is still required.

So, which laws apply depends on whether you own the trailer and rent the land, or if you rent the trailer from a private party who owns it.

As it is, I'm sorry to say it seems as if your sister is easily taken advantage of, and probably has little to no recourse for basically renting "under the table".

As for not suing for malpractice on Medicare, that's hogwash. It might be that she doesn't have a case, especially if it can't be proven that the doctor or facility was unqualified or had a history of mis-diagnosis or poor conditions. One mis-diagnosis or poor outcome is hard to prove as malpractice to either a medical board or a jury. If the doctor doesn't have a even history of complaints, no one is going to take her case.
She still needs to make an official complaint to Medicare - with documentation - even if she can't sue.

I wish her luck, it sounds as if she's a more that a bit overwhelmed. She has to be careful not to just flail about and look for quick results in a situation like the one she's in; as for the Legal Aid situation, she might have been at the wrong type Legal Aid office in her location for help. Most of them are family law, but it looks as if there are some out there to help with her renter's problems.

https://www.courts.mo.gov/page.jsp?id=43918

Haele

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Response to haele (Reply #6)

Fri Jul 28, 2017, 03:49 AM

11. Thank you!

Will send her those links. The rest is up to her.

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Response to Lady Freedom Returns (Original post)

Thu Jul 27, 2017, 06:17 PM

7. "if this is a ploy to get me back there," you said.

What does that mean? Can you be more specific about why you think it might be a ploy, and whose ploy it might be?

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Response to Mariana (Reply #7)

Fri Jul 28, 2017, 03:46 AM

10. First, she is pregnant and will be a single mom.

I am the oldest. She could be scared and want me there. I never want to set foot in SW Missouri again. And I like taking care of myself.

It has been a struggle for me to get where I'm at. At times a life or death struggle.
I like my life, I like being alone.

So yeah, the thought has crossed my mind that she could be trying to get what is left of the family together to help her and try to get us all to stay together.

Many here on DU know my back story, has been my cheerleaders, some my angles through the fight. They know why I can't go back to that fear factory.

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Response to Lady Freedom Returns (Reply #10)

Fri Jul 28, 2017, 07:27 PM

12. Then don't go back.

I don't know your background, but your story struck a familiar not to me. Your sister sounds very much like my cousin.

I say if she's trying to manipulate you, if she's lying to you, then not only should you NOT go back, but you should cut off contact, at least for a while. If she's doing those things, she is being abusive toward you and protecting yourself from that is the right thing to do.

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Response to Mariana (Reply #12)

Sun Jul 30, 2017, 11:52 PM

13. I'm sure she is trying to. But she can forget it.

She can learn to do what she needs

If I can survive 2 house fires, 1 apartment fire,an EF-5 tornado, living on the streets, in wooded areas, and living homeless in Tucson... she can find her way without me as here crutch.

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Response to Lady Freedom Returns (Original post)

Mon Jul 31, 2017, 12:10 AM

15. Tort reform in Texas

You can't sue for malpractice unless your personal actuarial value is that of a wealthy person.
I suspect that is the case here.

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