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Medical Costs in Personal Injury Cases: Proving or Challenging Necessity or Reasonableness

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Wednesday, December 7, 2022

Recorded event now available

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This CLE webinar will discuss how to prove or challenge the necessity and reasonableness of medical costs in a personal injury case. The program will discuss the current landscape regarding what evidence is required and the necessary foundations to admit it, the collateral source rule and admissibility of write-offs or adjustments, the difference, if any, between the "incurred" amount and the reasonable amount, and how the debate can morph into a bad faith claim.

Description

Recovering compensation for medical costs in a personal injury claim can be a complicated and challenging legal process. Generally, the plaintiff must show that costs are "reasonable" and "necessary" and a direct result of the injuries caused by the at-fault party. Over the last few years, many states have developed new approaches to this issue. Some of these approaches make it more difficult for plaintiffs to recover, and other approaches make it very difficult, if not impossible, for defendants to challenge the bills.

Just because something was billed for does not automatically mean that an expense or treatment will be considered reasonable or necessary by a court or a jury. Evidence of treatment and its cost is open to various interpretations and is scrutinized by the other parties. Defense counsel often challenge the foundation of medical records and seek to introduce write-offs or adjustments to bills. Recently enacted federal regulations about "reasonable" expenses may impact the analysis.

Listen as this experienced panel guides counsel through proving or challenging the necessity and reasonableness of medical costs in a personal injury case.

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Outline

  1. Reasonableness of medical expenses
  2. Necessity of treatment
  3. Collateral source rule
  4. Write-offs and adjustments
  5. Potential bad faith claims

Benefits

The panel will reiew these and other issues:

  • Is it becoming more difficult for plaintiffs to prove medical expenses or more difficult for defendants to challenge those expenses?
  • Has establishing the foundation for introducing medical billing records stiffened in recent years?
  • What is the role of medical funding in proving or challenging medical expenses? What is discoverable?
  • What are the standards for "reasonable" and "necessary" treatments and how are they established?
  • What role do the new federal regulations about reasonable medical treatment play?

Faculty

DeReus, Casey
Casey C. DeReus
Attorney
Baer Law

Ms. DeReus has been a devoted personal injury attorney and first-party property attorney. Before starting with Baer...  |  Read More

Spurlock, Erica
Erica Spurlock
Partner
Jones Skelton & Hochuli

Ms. Spurlock focuses her litigation practice in the areas of automobile, commercial trucking, and other personal...  |  Read More

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