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Article: Plaintiffs' bar wins fight over medical bills statute in Missouri appeals court
- Article from:
- Missouri Lawyers Media
- Article date:
- October 28, 2009
- Author:
CopyrightCopyright 2009 Missouri Lawyers Media. Provided by ProQuest LLC. (Hide copyright information)
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"Incurred" doesn't mean "paid," a Missouri appeals court said in
the first appellate decision to interpret a state statute that
provides a framework for determining the amount of medical damages
that may be submitted to a jury.
The statute in question is Section 490.715, which creates a
rebuttable presumption that the value of medical care an injured
plaintiff received is the amount the patient, insurer, Medicaid,
Medicare or another party actually pays the health care provider.
The decision by the Missouri Court of Appeals Eastern District is
a victory for plaintiffs' lawyers, who want juries to calculate
verdicts using the higher amount of what health care providers bill,
rather than the ...