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Watkins v. Lake Charles Memorial Hospital12/15/2004
LeRay, decidedafter Hall, the fifth circuit approved the trialcourt decision reducing already incurred medical expenses to a money judgment. The court stated:
The judgment further authorizes plaintiffs to make claims for such expenses to the LPCF, without entering a judgment on the exact sum. The only money judgment related to this issue is the award of $898,190.34 for medical expenses and related benefits already incurred. The trial court correctly made the distinction between medical expenses and related benefits incurred between the accident and the date of trial, and future medical expenses which will occur after trial. In recognizing this difference, the trial court correctly reduced the past medical expenses to a money judgment, but merely acknowledged the right of plaintiffs to bring a claim for any future medical expenses to the LPCF. We find that to be correct and within the trial court's grant of jurisdiction.
Id. at 502. (Emphasis added.)
Not only does the majority opinion represent a significant departure from other jurisprudence, it presents another procedural obstacle for a plaintiff who has already incurred considerable medical expenses. For the foregoing reasons, I respectfully dissent from the majority opinion on this point.
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