Damages Only — No 'Full Billed Charges' Allowed

Law360, New York (August 19, 2011, 3:37 PM EDT) -- May an injured person recover from a tortfeasor as past medical expenses the medical provider’s undiscounted, full billed charges, even if the undiscounted amount in the bill was never paid by or on behalf of the injured person? The California Supreme Court addressed this question in the Howell v. Hamilton Meats & Provisions Inc. opinion issued on Aug. 18, 2011.[1]

The answer? No.

In Howell, the plaintiff was seriously injured in an automobile accident, and liability was not disputed. The case went to trial to determine...
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