Strategies, Challenges, and Answers

Medical Liens Are Not A Collateral Source And Are Admissible To Prove Bias

Previously, the Nevada Law Blogs wondered why a Plaintiff had been allowed to have his cake and eat it too.  That Earlier Post told the story of a Plaintiff whose medical providers treated him on liens.  However, before the trial, those same medical providers sold their liens to litigation lenders at a discount.When the defense tried to introduce the amount that the litigation lender paid the medical provider in exchange for the liens, the judge refused, indicating that the amount accepted … [Read more...]

Trial Judge Let’s Plaintiff Have Cake And Eat It Too.

Setting: A courtroom somewhere in Las VegasCast of Characters:Treating Doctor Plaintiff’s Attorney (P.A.) Defendant’s Attorney (D.A.) JudgeDoctor:         I performed surgery on Plaintiff and my charges are reasonable.D.A.:              But wait!  Doctor’s opinions regarding reasonableness are not believable.  He is biased.  He performed the surgery on a lien and the lien is admissible to prove bias. If you don't believe me, take a look at the case of Craigmiles v. Egan, … [Read more...]

Responding To The Anticipated Fallout Of The Haygood And Howell Opinions

No one is surprised when people who are hurt in accidents go to the doctor’s office for care.  In the past, many went to doctors who provided them care through their group health insurance programs.  These group healthcare providers usually have pre-negotiated reimbursement agreements with the group health insurance carriers.  Those insurance carriers pay the providers a sum certain for each service provided.  The pre-negotiated reimbursement agreements normally prevent the doctors from charging … [Read more...]