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Damages: the “reasonable value” of medical treatment.

On Behalf of | Jan 11, 2023 | Medical Malpractice

Today, the Court of Appeals issued a decision striking a blow against the trial tactics of the insurance industry. Here in Indiana, when someone is injured by the negligence of another that person is entitled to the “reasonable value” of the medical treatment she was forced to undergo. In Patchett v. Lee, Case No. 29A04-1501-CT-00001, State Farm argued that it should be allowed to provide the jury with the amounts Healthy Indiana Plan (a Medicaid program) paid on Plaintiff’s behalf in an effort to establish the “reasonable value” of Plaintiff’s medical treatment. Noting that HIP paid approximately 13% of what Plaintiff’s doctors charged, the Court of Appeals held that evidence of the HIP payments were properly excluded by the trial court as not being probative of reasonable value. A copy of the opinion can be found here (click on the “Opinion” link in the upper right corner of the docket). Riley Williams & Piatt attorney, Joe Williams provided briefing and oral argument for the Indiana Trial Lawyers Association, which assisted the Court in reaching its decision. The Court of Appeals’ opinion cited to both Joe’s brief and his oral argument. His oral argument starts at 32:15 here. When asked about the Court’s decision, Joe said, “In reading the Court’s decision, I was impressed with how thoroughly the panel reviewed the issue before reaching such a just conclusion. This decision will assist many Hoosiers in obtaining the justice to which they are entitled after being hurt by the carelessness of another.”