Demanding Fairness In Evaluating Past Medical Damages

By Asir Fiola (May 16, 2018, 1:21 PM EDT) -- A recent ruling from the California Court of Appeals for the Second Appellate District in Pebley v. Santa Clara Organics LLC[1] encourages plaintiffs in personal injury actions, who are covered by medical insurance, to continue the trend of seeking medical treatment that would normally be covered by their insurance plans from physicians who are outside their coverage plans. The result will be to dramatically increase the amount of medical expenses incurred for the sole purpose of driving up the potential settlement value and verdict awards. This will result in an unjust windfall for plaintiffs, higher costs for society at large and will also conflict with the policy goal of encouraging settlements....

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