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Injury Damages in Tennessee after West v. Shelby County Healthcare - On-Demand
Webinar is now available on-demand. NOTE: On-Demand webinars are not eligible for CLE credit.
Someone is injured in a car wreck, the hospital bills total $100,000, and the injured person's health insurer pays the hospital $25,000, the amount owed after the "contractual" adjustment. The injured party sues the negligent driver, and the driver's insurance company pays $100,000 to the injured person. Is the hospital entitled to an additional $75,000? The recent case of West v. Shelby County Healthcare Corp. says no.
In West, the Tennessee Supreme Court held that, except for unpaid co-pays and deductibles which are the patient's responsibility, neither the Tennessee Hospital Lien Act nor the hospital's contracts with the patient’s insurance company authorized the hospital to maintain its lien after the patient’s insurance company paid the adjusted bill.
In this webinar Tennessee attorney Brandon Bass will explain the West decision and examine its ramifications, including the impact on Tennessee’s collateral source rule.
- How does West v. Shelby County Healthcare impact medical damages?
- What is left of the collateral source rule?
- How much of a medical bill is recoverable?
- What procedurally should lawyers do about the amounts of medical bills?
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About Your Presenter:
Brandon Bass assists victims of medical malpractice in recovering for their losses from doctors and other healthcare providers, and focuses on helping people who have been badly injured or lost a loved one. His core practice areas include products liability, medical malpractice, and trucking lawsuits, and he has experience in products liability lawsuits, including industrial machinery, pharmaceuticals, automotive and tractor-trailer defects, and defects in construction materials. Mr. Bass is a graduate of Purdue University and the University of Tennessee College of Law, and is Associate Editor of the Tennessee Trial Law Report – Tort Edition, which is a monthly newsletter on tort law, evidence, civil procedure and trial practice in Tennessee. He was formerly Associate Editor of the Tennessee Tort Letter.