The Fourth Appellate District affirmed in part and reversed in part an order with directions. The court held that a trial court properly could order the Department of Health Care Services to refund a Medi-Cal beneficiary for his over-payment of a lien for the costs of medical care on his recovery in a tort action against a third party that was liable for the his injuries.
Daniel Branson was rendered quadriplegic by a failure to diagnose his spinal abscess. Branson sued a hospital, an emergency medical group, and individual physicians for medical malpractice. During the pendency of his tort action, Branson was the beneficiary of medical services under the California Medical Assistance Program (Medi-Cal).
