Legal Question in Personal Injury in California

Medical expenses

Should medical expenses submitted to the party responsible for the accident be the amount first billed by the doctor or often the lesser amount that doctors agree to due to their participation in HMO's or other health plans, ie. negotiated amounts if they are network providers under certain health plans?


Asked on 5/19/03, 10:48 am

4 Answers from Attorneys

Sam Eagle LAW OFFICES OF SAM M. EAGLE

Re: Medical expenses

The bills submitted to the responsible party should be the full amount of the bill--the gross amount before any reduction or credit. This is sometimes difficult when dealing with an HMO or PPO. If you are in the Orange County area and have a pending legal claim, I'll be glad to provide a free consultation. Sam Eagle 714-963-5123.

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Answered on 5/22/03, 12:03 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: Medical expenses

Typically, medical expenses are submitted at their full value. Adjusters know that they are reduced -- often by health insurance, HMOs, or by the doctors' own good will. A settlement should take into account the reality of the situation. -Robert F. Cohen, Esq.

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Answered on 5/21/03, 10:07 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Medical expenses

Compensation for medical expenses is supposed to make you whole, not to give you a windfall. If your doctor would normally charge $1,000 but instead charges you $700.00 under a health plan discount, it will take $700.00 to make you whole.

If anyone should get the extra $300.00 it is the doctor who earned it and not the patient who is hoping to make a profit off of his/her injury.

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Answered on 5/21/03, 10:10 pm
Alvin Tenner Law Office of Alvin G. Tenner

Re: Medical expenses

The answer by Mr. Cohen is the best.

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Answered on 5/22/03, 12:02 am


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