SIU Today Fall 2021 - 9

THE GHOST OF TREATMENT PAST:
MEDICAL LITIGATION FUNDING AND HOW TO FIGHT IT
By Whitney Lay Greene
On the surface, medical litigation funding and lien-based
medical treatment provide a necessary service to individuals
injured in an accident who would not otherwise be able to
afford medical treatment. However, this noble veneer hides
the potential ethical and legal turmoil of artificially inflated
medical bills, questionable procedures, and a complex web of
relationships between referral sources, medical providers, and
third-party funding companies that may result from efforts to
maximize an " investment " in the bodily injury claim or lawsuit.
With billions of dollars at stake, medical litigation funding is
big business for funding companies and medical providers who
finance treatment. These entities often have six, seven, or even
eight-figure reasons to keep information and documents, which
evidence funding practices and relationships, from disclosure.
Likewise, plaintiffs and their attorneys seeking to capitalize on
inflated medical bills as a conduit for higher settlements and
verdicts may also be incentivized to fight the disclosure of this
information. For those of us investigating personal injury cases
that involve these funding companies, this article highlights the
" On the surface, medical litigation funding
and lien-based medical treatment provide
a necessary service to individuals injured in
an accident who would not otherwise be
able to afford medical treatment. However,
this noble veneer hides the potential ethical
and legal turmoil of artificially inflated
medical bills, questionable procedures, and
a complex web of relationships between
referral sources, medical providers, and thirdparty
funding companies that may result
from efforts to maximize an " investment " in
the bodily injury claim or lawsuit. "
basics of how medical litigation funding works, what evidence it
leaves behind, and how it could dramatically affect the exposure
in your cases. You will also learn about practical investigation
tactics both to discover and use funding information at trial.
FALL 2021 | SIU TODAY 9

SIU Today Fall 2021

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