Damages for Medical Bills Reduced By Contractual Discounts

The Florida Supreme Court has held that a plaintiff in a personal injury case cannot recover the gross amount of his medical bills when the plaintiff's HMO has negotiated a lower rate of reimbursement with the health care providers. The decision is based in part on a Florida statute codifying the collateral source rule. Read the decision here.

The majority opinion and the accompanying concurring opinions do a nice job collecting the law on this subject.

Look for this issue to be raised more frequently in Tennessee.

Written By:scott On May 8, 2006 12:29 PM

Is this the same in California?
thanks
Scott

Written By:John Day On May 8, 2006 8:47 PM

Scott - I do not know the answer to that question. I am not a California lawyer.

Sorry.

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