Weekly Law Resume - March 3, 2011: Damages - Reduction Of Medical Specials To Amounts Paid


Ingrid Cabrera v. E. Rojas Properties, Inc. Court of Appeal, Second District (February 24, 2011)

This case follows a recent string of cases addressing the application of the collateral source rule to plaintiff's recovery for past medical expenses. The issue addressed is whether plaintiff is entitled to recover the amount billed by plaintiff's medical providers or the amount actually paid by the insurer.

Plaintiff Ingrid Cabrera was injured when she fell down a staircase owned by defendant E. Rojas Properties, Inc. Prior to trial, the parties stipulated that Cabrera's medical providers billed her $57,534.45 for services rendered and that her health insurance paid $8,914.26 for those services. The parties further stipulated that amounts paid by the insurer were accepted by the medical providers as payment in full and that no additional amount was owed to Cabrera's medical providers. Procedurally, the parties stipulated that the evidence submitted to the jury would include the billed amounts, not the paid amounts, and that the jury would be instructed that the billed amounts were "reasonable and necessary." The stipulation provided that Rojas Properties would file a post-verdict motion to reduce the recoverable amount of plaintiff's medical expenses to the amount paid by the insurer.

Please see full article below for more information.

LOADING PDF: If there are any problems, click here to download the file.

Written by:

Published In:

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Low, Ball & Lynch | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.