News & Analysis as of

Collateral Source Rule Medical Expenses

Snell & Wilmer

Collateral Source Rule Not Violated by References to Medical Insurance, Medicare and Social Security

Snell & Wilmer on

Stokes v. Muschinske, No. B280116, 2019 WL 1513208 (Cal. Ct. App. Mar. 14, 2019) (awaiting official publication) begs the question, does reference to a plaintiff’s membership in a health care plan, like Kaiser Permanente, or...more

Sands Anderson PC

Virginia's "Collateral Source Rule" Applies to Breach of Contract Matters

Sands Anderson PC on

In negligence actions, Virginia has long adhered to the “collateral source rule” which holds that payments received by an injured plaintiff from a source other than the tortfeasor/defendant are not deducted from the damages...more

Maynard Nexsen

Collateral Source Rule - Is Change Coming to South Carolina?

Maynard Nexsen on

South Carolina has long recognized the common law collateral source rule. The rule provides that any compensation received by an injured party from a source independent of the tortfeasor cannot be applied to reduce damages...more

Bradley Arant Boult Cummings LLP

Tennessee Supreme Court Rejects Efforts to Alter Existing Law on the Collateral Source Rule in Personal Injury Cases

Last month the Tennessee Supreme Court, in Dedmon v. Steelman, affirmed the long-standing collateral source rule in personal injury cases. As long as an injured plaintiff can establish that the medical expenses they incurred...more

Butler Snow LLP

Dedmon Decided: The Destiny of “Reasonable” Medical Expenses In Tennessee Revealed

Butler Snow LLP on

In a stunning reversal of what appeared to be the trend towards discounted medical damages in personal-injury cases, the Tennessee Supreme Court ruled on Friday, November 17, 2017, that the Collateral Source Rule reigns...more

Baker Donelson

Maritime Collateral Source Rule Clarified By Fifth Circuit

Baker Donelson on

In an eminently reasonable, but apparently (surprisingly) res nova decision, the United States Fifth Circuit Court of Appeal has clarified that the maritime collateral source rule does not allow for recovery of medical...more

Snell & Wilmer

Measuring Medical Expense Damages and the Role of the Collateral Source Rule

Snell & Wilmer on

Two recent rulings illustrate the widely varying responses courts have taken in confronting an emerging national issue: how to measure damages for past medical expenses when the hospital’s treatment charges, before discounts...more

Hinshaw & Culbertson LLP

Howell Rule Applies When Medical Services Were Paid by Medicare, Court of Appeal Concludes

In Howell v. Hamilton Meats & Provisions, Inc. the California Supreme Court ruled that a plaintiff’s recovery of medical damages is limited to the amount paid by the plaintiff’s health insurer and accepted by the health care...more

Butler Snow LLP

Time to Examine Tennessee’s Collateral Source Rule by William Walton

Butler Snow LLP on

Originally published in the Tennessee Bar Association - December 1, 2012. Taking Another Look at Fye v. Kennedy - Damages in tort law are designed to compensate for injury and, in the words of one court, “only for...more

9 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide