When I first learned about Medtronic Settlement Agreement v. plaintiffs’ rights, which are the leading cases brought by individuals against their former hospitals and nursing homes, I was surprised to learn that the company was not one of the top ten victims of the healthcare system’s malpractice crisis. However, I also found it interesting that one of America’s most prominent proponents of Medical Insurance Portability and Accountability Act (MIPAA) had actually worked on a study for the Chamber of Commerce looking at mergers involving hospitals with two of the biggest patient-care providers in the country. The study showed that mergers between hospitals that serve similar patient groups cost nearly $2 billion annually. The study went on to state that this type of “means for care” compromises the quality of patient care and exposes patients to unnecessary risks and injuries.
There are a number of reasons why I find this information interesting.
One reason is that this revelation comes just weeks after the release of the Centers for Medicare and Medicaid Services’ Inspector General’s report on Medical Device Enforcement. In that report, the OIG found that enforcement of the Payment Card Abuse fee imposed on health care providers was lax. Another troubling finding was that many hospitals allowed inaccurate billing and coding practices, which resulted in thousands of false claims being submitted each year. Finally, the inspector general found that many of these fraudulent claims were filed when the individual did not even have a medical need for the services provided. These fraudulent claims are one of the reasons that forced the government to issue its new guidance for determining who would not be eligible for mediation.
It is important to note that the Medtronic settlement and lawsuit funding programs are intended to assist those with chronic illnesses that cannot be treated using current medical technology.
It is also important to note that the number of false claims brought forth against medtronic’s programs is in direct relation to the amount of money that these devices cost. For example, a patient may be paying $500 per month for a device that costs only ten percent of what it is advertised to cost. This is money that the health care provider is not earning and is likely losing due to rampant billing practices and inaccurate coding. To remedy this situation, the government is instructing its agencies to implement policies that make it impossible to pay for a device over the price that is advertised.
There are many entities that can now help those who are having financial hardships due to medtronic related lawsuits.
The most popular way that individuals receive help is from either a private or government paid settlement. These payments are typically quite substantial and cover a variety of medical bills and debts. Private settlements are often covered with an insurance carrier, whereas government payments are obtained directly from the government.
Another interesting aspect of these policies is the manner in which they operate.
For example, it is important to note that many of these lawsuits have been brought against companies like Medtronic itself. While some individuals will attempt to bring legal action against an individual entity, such as a doctor for malpractice, there are those who will attempt to bring liability against an entire industry. These lawsuits are primarily aimed at making the already financially strained medical community better able to handle future situations. For this reason, Medtronic has made certain that it only enters into negotiation if it is confident it will be able to settle the case without resorting to litigation.
One thing that is clear is that there is a significant amount of money at stake here.
Lawsuits involving medical devices and pharmaceuticals are extremely common and can result in financial liabilities of over one hundred million dollars. It is important for individuals to understand how they can protect themselves from these potential liabilities. This protection starts by understanding the ins and outs of what medtronic is and how it operates.
