We don’t usually post liability related matters on this blog, but every once and a while there is a ruling that warrants mention.  That ruling was issued today by the Tennessee Supreme Court in Dedmon v. Steelman W2015-01462-SC-R11-CV (click on case for full copy of opinion).  While I may disagree with the result, it is an extremely well written opinion from Judge Kirby.  The bottom line is that the Tennessee Supreme Court unanimously held Tennessee law does allow plaintiffs to use the full, undiscounted amount of medical bills to prove their medical expenses instead of the discounted amounts paid by insurance companies and accepted by medical providers. The defense is no longer even permitted to introduce the amount of the discounted bills period.  I commend the full opinion to your reading, as it contains an excellent overview and history of the collateral source rule, as well as detailed analyses of the differing rationales used by other courts to allow introduction of those discounted and accepted medical expenses.

 

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Photo of Parks Chastain Parks Chastain

Parks T. Chastain is a member of the law firm of Brewer Krause Brooks Chastain & Meisner, PLLC. He graduated from the University of Louisville, where he earned a B. S. in Sociology, awarded with high honors, in 1986. He earned his J.

Parks T. Chastain is a member of the law firm of Brewer Krause Brooks Chastain & Meisner, PLLC. He graduated from the University of Louisville, where he earned a B. S. in Sociology, awarded with high honors, in 1986. He earned his J. D. also at the University of Louisville, Brandeis School of Law, where he graduated cum laude. He served as editor of the Journal of Law & Education, was a two year member of the National Moot Court Team, and a member of the prestigious Brandeis Society. He was admitted to the Tennessee Bar in 1989.

Mr. Chastain represents insurers on a state and national basis in the investigation of first party claims, and in litigation arising from first party and third party coverage disputes. Read More…