Perspective
Mar. 27, 2014
Tactic to sidestep medical damages limits shutdown
Last month, the 2nd District threw a roadblock in the way of a particular maneuver intended to avoid limits on medical expenses that plaintiffs can recover. By Barry Rodolff
In its August 2011 landmark decision Howell v. Hamilton Meats & Provisions Inc., 52 Cal. 4th 541 (2011), the state Supreme Court held that an injured plaintiff whose medical expenses are covered by insurance cannot recover more for such expenses than his health insurer actually paid his doctors and hospitals. The much larger amount those doctors and hospitals almost certainly billed the plaintiff is irrelevant. "Where the provider...
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$895, but save $100 when you subscribe today… Just $795 for the first year!
Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In