Recovery Of Medical Expenses Under Hanif/Nishihama
Law360, New York (June 21, 2010, 3:44 PM EDT) -- When a personal injury plaintiff’s medical providers are reimbursed at a reduced rate for services by third-party payors such as private health insurer, or Medicare or Medicaid (MediCal), what amount is the plaintiff entitled to recover in settlement or at trial? When may a party liable for those expenses benefit from the reduced rate?
The Hanif/Nishihama doctrine addresses these questions. The following article seeks to explore some of the issues for trial counsel and the claims professional.