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

[loyalsister]

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.