But medical expenses would have been included as actual damages in Plaintiff’s original suit, so, presumably this provision would apply where Defendant had plead damages only for non-medical, or where they were not specified.
I agree that qui tam is a fair, even surprisingly market-oriented, approach to reimbursement of Medicare debts on behalf of the government (as opposed to expecting government attorneys to do it). So, the bill’s only unique expansion is to allow private attorneys do the collection work.
Fine, but they would still be limited to collecting from the successful Plaintiff–collateral estoppel and one-judgment rule would preclude Defendant or even his insuror from paying twice.
As far as attempting to expand liability by statistical analysis out to entire industries—good luck. No amount of Federal legislation is going to change the meaning of “proximate” cause.”

The above is wrong in a crucial point you may have to pay twice. The statute already in place means that medicare or medicaid can get their money from plaintiff, plaintiff’s lawyer, defendant or even defendants lawer. Yes defendants have to pay twice potentially under the current law if the lien isnt satisfied. That is why when cases are settled the plt and lawyer get the money they have to sign a release and also agree to defend and indemnify the defendant, defendants insurer and attorney from any future lien actions. only way the defendant gets some peace. Otherwise why bother to settle because Plaintiff will blow off the lien and you -defendant may get sued by the Feds/state. Basically the current laws are so onerous that it makes cases harder to settle. But when you do settle Medicare Medicaid do get paid because the attorneys on both sides are on the hook potentially. Often the payment Feds/State accept is not in full. They agree to take a reduced amount- because the underlying claim is in fact disputed and compromised. Plt: you were negligent! Pay me a million Dft: No I wasn’t. And you can’t prove causation anyway see you at trial. Plt: Thats going to be expensive and time consuming how about 100,000. Dft: Up yours -how about I don’t report you to the bar for a frivilous lawsuit in return for a dimissal. Plt: . . . $50,000. Dft: . . . 25,000 and that’s it cause it will cost me that much to try it. Plt: Done. Plt to Govt – I only got 25 k on this case – lucky to get that will you take 5,000 on the medical bills lien for 200,000? Govt.: Sure.

“Forbes is just up with a new, improved version of my piece on the amazing trial lawyer bonanza that someone quietly tucked into last week’s draft of the health care bill. An earlier version of the piece ran at Overlawyered……

But medical expenses would have been included as actual damages in Plaintiff’s original suit, so, presumably this provision would apply where Defendant had plead damages only for non-medical, or where they were not specified.
I agree that qui tam is a fair, even surprisingly market-oriented, approach to reimbursement of Medicare debts on behalf of the government (as opposed to expecting government attorneys to do it). So, the bill’s only unique expansion is to allow private attorneys do the collection work.
Fine, but they would still be limited to collecting from the successful Plaintiff–collateral estoppel and one-judgment rule would preclude Defendant or even his insuror from paying twice.
As far as attempting to expand liability by statistical analysis out to entire industries—good luck. No amount of Federal legislation is going to change the meaning of “proximate” cause.

Anyone checked Chris Dodd’s whereabouts when it got slipped in?
Chris Dodd + stimulus legislation = AIG Bonuses
Chris Dodd + his housing bill = Payment Card and Third Party Network Information Reporting