Is That Fair? Medical Expense Write-Offs and a Call for a Return to 'Reasonableness' in the Context of Recovering Alleged Medical Expenses in Tort Actions

March 2010Article
DRI "Strictly Retail" Seminar

One of the most talked-about issues in America today is the ready availability and affordability of quality healthcare. Few would dispute that our healthcare system is in need of reform in order to improve the quality of service provided and the affordability of those services. Unfortunately, as we search for solutions to the difficult problems that face us in reforming our healthcare system, some of the most obvious problems and inequities go unchallenged and unchanged. It is time for us, as attorneys, to examine the underpinnings of this plaintiff-friendly farce and why it is inequitable to defendants, contrary to longstanding principles of tort law, and in conflict with the widely-held goal of promoting the availability of affordable healthcare to all Americans.