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Perspective

Aug. 23, 2011

State supremes rule — amount paid is marker for past medical expenses

An issue that the California plaintiffs' and defense bars have been debating for more than 20 years is finally resolved. By Brendan M. Ford of Snell & Wilmer LLP


By Brendan M. Ford


In a much-anticipated decision, the state Supreme Court has resolved an issue that the California plaintiffs' and defense bars have been debating for more than 20 years: Can a plaintiff in a civil lawsuit recover the full amount of past medical expenses that were billed by medical providers, or is the plaintiff limited to recovering the amount actually paid on his or her behalf? In a 6-1 decision, the Supreme Court held that a plaintiff'...

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