Health Care & Hospital Law
Nov. 26, 2009
Ruling Means More Cash for Plaintiffs
In a case that could result in higher jury awards and more settlements, a Court of Appeal ruled defendants should not benefit from negotiated health insurance rates in damage awards.
Daily Journal Staff Writer
Dealing a blow to insurers and a potential windfall for trial lawyers, an appeals court has rejected what seemed conventional wisdom among California trial judges - that injured plaintiffs should only recover the amount their HMO actually paid to treat their injuries, rather than the much higher sticker prices doctors often charge for medical care.
Instead, defendants should be hit with...
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