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Practice Tip: Medical Expenses In CA
Damages in product liability personal injury cases inevitably involve medical expenses. Depending on the nature and extent of the injury, those medical expenses can generate extraordinarily high numbers, especially when examining the amount billed without insurance discounts. When it comes to recovering medical expenses, the question in determining the amount of damages often turns on what number can be presented to the jury: Do we recover the amount billed by the medical providers? Or the out-of-pocket amount actually paid by the plaintiff? The differential between the amount billed versus paid can be substantial, and understanding the admissibility of the figures can have a large impact on the potential damages in your case.
Since the California Supreme Court's decision in Howell v. Hamilton Meats & Provisions, Inc ., (2011) 52 Cal.4th 541, California law has been clear that plaintiffs cannot recover medical damages in excess of those they have paid. The Howell court indirectly opined that evidence of the full amount of an injured plaintiff's medical billings is inadmissible with respect to damages for past medical expenses. The decision, however, left the door open for plaintiffs to seek the admissibility of the full medical billings with respect to the calculation of potential future medical expenses and noneconomic damages. The recent decision in Corenbaum v. Lampkin, (2013) 215 Cal.App.4th 1308, closed that door.
An analysis of the new Corenbaum decision in California necessitates a brief discussion of the main points of its predecessor, Howell.
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