Litigation

SF Chron Reports On The Personal Injury Reduced Medical Specials Issue

By Bruce Nye

    Cal Biz Lit has been following the trail of cases addressing what happens when a successful personal injury plaintiff had his or her medical bills paid by insurance, and the insurer has a deal with the providers to reduce fees to a pre-negotiated rate.  As CBL has posted here and here, the question is whether the plaintiff recovers the amounts the providers accept as full payment, or the amounts they initially billed before the write-offs. 

    This morning's San Francisco Chronicle has coverage of the issue, and the new decision in Howell v. Hamilton Meats & Provisions, Inc. (November 23, 2009) ___ Cal.App.4th ___ (Fourth Dist., D053620), here.

    As the Chron points out, Howell was the result of an aggressive campaign by the California plaintiff bar to find suitable cases and attack this issue in the Courts of Appeal.  There are three other cases on this issue pending in appellate courts.  And the Chron also quotes predictions, accurate in CBL's view, that this issue is headed to the Cal Supremes.

Full post as published by CalBizLit on November 30, 2009 (boomark / email).