Medical Costs At Issue In Woman's Auto Accident Lawsuit

The following blog entry is written to illustrate a common motion filed during civil litigation. Reviewing this kind of filing should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.

(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this car accident lawsuit and its proceedings.)

DR. LEE SHOULD BE PRECLUDED FROM EXPRESSING OPINIONS ABOUT THE REASONABLENESS OF PLAINTIFF’S MEDICAL BILLS BECAUSE INSURANCE REIMBURSEMENTS ARE IRRELEVANT TO THE DETERMINATION OF REASONABLENESS, AND THOSE OPINIONS ARE INADMISSIBLE UNDER THE COLLATERAL SOURCE RULE

A plaintiff may introduce evidence of the amounts billed by health care providers, because they reflect on the nature and extent of his or her injuries, help jurors assess overall general damages, and give them an accurate picture of the extent of the plaintiffs injuries Hanif v. Housing Authority (1988) 200 Cal.App.3d 635; Nishihama v. City and County of San Francisco (2002) 93 Cal.App.4th 298; Greer v. Hossam Ali Buzgheia, (2006) 141 Cal. App. 4th 1150; 46 Cal. Rptr. 3d 780; Katiuzhinsky v. Perry (2007) 152 Cal App 4th 1288.

On the other hand, it is reversible error to allow a defendant to admit collateral source cash payments into evidence, limit Plaintiffs’ recovery of special damages for medical expenses to the amounts paid by a financial services company to purchase the accounts from medical providers, or prevent the plaintiff from arguing to the jury that the full amounts billed represent the reasonable value of the medicals services provided, Olsen v. Reid, (2008) 164 Cal.App. 4th 200; Katiuzhinsky v. Perry (2007) 152 Cal.App. 4th 1288.

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.

Moreover, the purchase of a medical lien does not prevent a plaintiff from recovering the amounts billed by the medical provider for care and treatment, as long as the plaintiff legitimately incurs those expenses, and remains liable for their payment. Katiuzhinsky v. Perry (2007) 152 Cal.App. 4th 1288. (See Part 7 of 7.)

For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.