There is a lawsuit for dialysis patients currently pending in the federal district court in Atlanta, Georgia. The plaintiff in this lawsuit is challenging the denial of Medicaid reimbursement to plaintiffs who receive their medical care at the Atlanta Dialysis Center (ADC). According to the Legal Services Corporation, a subsidiary of the Government of Georgia, the center’s contract with Medicare does not allow it to discriminate against patients on the basis of income. In addition, the Legal Services Corporation contends that the denial of the requested benefits was done in error and was based on a “blatant disregard for the applicable regulations.”
If you have been denied coverage by the Atlanta Dialysis Center under the terms of your Medicare benefits, or if you have been subjected to discrimination in this matter, you should immediately seek legal counsel from an attorney experienced in these circumstances. You may also want to consult with a medical malpractice attorney who has experience representing dialysis patients in the area of medical malpractice claims and insurance coverage challenges. Such an attorney can advise you as to whether or not your case has a reasonable chance of success on a cross-claim for compensation for your injuries and other damages. In addition, such an attorney can advise you as to the likelihood of success on your state’s wrongful death statute. While it is unlikely that the defendant will acknowledge liability, it is often worth the expense of retaining a professional to represent you in this matter.
Even if the defendant is not guilty of any wrongdoing, your lawsuit may be brought about by the emotional trauma that your prolonged illness has had on you and your family. Such a lawsuit could seek damages for the time missed from work, loss of wages, veterinary care, pain and suffering, future loss of wages, medical expenses, and other related damages. A general medical malpractice claim will also seek to compensate you for the emotional distress and stress caused by your inability to function normally in society.
If you are a plaintiff in a case such as this, you should take particular notice of the terms of your lawsuit agreement. In particular, the defendant will usually be required to post a bond in the amount of your potential recovery. (The court may also require the defendant to post a lien on any property owned by the plaintiff.) Further, you may have the right to recover damages for your pain and suffering. Finally, if you are unable to work after a certain period of time due to your condition, your lawsuit may allow you to be compensated for past and future medical care costs related to your illness. (In some states, the same conditions may also bar dialysis patients from filing lawsuits.)
There are additional circumstances that may affect the likelihood of success of your lawsuit. For example, if a hospital previously had an insurance policy in place that automatically renewed itself every 12 months, your lawsuit may not succeed if the hospital either refused to renew its contract with you or did not offer you a renewal proposal. (It is important to note that many hospitals will automatically renew a dialysis patient’s contract even if it is canceled within a certain period of time because they want to maximize their cash flow.