Here is a story about a different kind of medical lawsuit. In this case, the doctors aren’t being sued, but the patients are being sued so that they are forced to get care from Medicare rather from their own funds. I can’t help but think this is to the financial hurt of both the patient and the healthcare system.

I also can’t help but think that if this is how the legal system treats patients, then it is not going to treat doctors any better. It is all to the benefit of lawyers and whoever can afford one.

Deborah Shank’s car was hit by a truck. She was left in a wheelchair and had extensive brain and nerve injuries. Ms. Shank was an employee of Wal-Mart at the time of the accident, and her health insurance covered over $400,000 in medical costs. She hired an attorney, and sued the owner of the truck. The settlement yielded $700,000 for Ms. Shank. Legal fees and expenses to prosecute her claim were paid; and what remained, $417,000 was placed into a trust to be used for Ms. Shank’s care.

Wal-Mart sued Ms. Shank to recover the money they spent on past medical bills. An appellate decision upheld Wal-Mart’s right to $469,215 in medical costs, legal fees, and interest for the cost of suing. As this number is higher than the amount that remained in the trust, Wal-Mart essentially got it all.

The rest of the post explains the legal rationale and makes some pretty incisive statements about where we are as a society in which this can take place. The victim is now in a nursing home without funds, relying on Medicare and Medicaid.