Civil Litigation,
Law Practice
Jun. 12, 2017
Liquidated damages rule shields against excessive medical charges
The liquidated damages rule is flexible, and can be used in the health care context to ward off attempts to recover full billed charges.
Tim B. Henderson
Associate
Grodsky & Olecki LLP
2001 Wilshire Blvd Ste 210
Santa Monica , CA 90403
Phone: (310) 315-3009
Fax: (310) 315-1557
Email: tim@grodsky-olecki.com
Columbia Univ School of Law
Tim is a business litigator who often represents clients in the health care industry
A quick look at your most recent bill for medical services is all it takes to see that the billed charges for medical services, sometimes called "full billed charges" or "chargemaster" rates, often far exceed the amount actually paid. That fact does not prevent medical providers from trying to find new ways to recover full billed charges. In one imaginative, but misguided, approach, some providers use prompt pay provisions that purport to put payors on the hook for full billed charges if a...
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