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Robinson v. Bates

4/22/2005

We conclude that the collateral-source rule applies to any written-off amount agreed to by a plaintiff's health-care provider and insurer.


{ } The undiscounted medical bills should also be admitted because they are some evidence of the severity of the plaintiff's injuries. In this case, the difference is not great, but in some it could be humongous-the "write-down" could be substantial. An insured person would then be seen as less injured than a non-insured. We think they bleed the same.


{ } Applying this conclusion to the present case, we hold that Robinson is entitled to seek recovery for the entire amount of her medical bills, not just the amount paid by her insurance company. Therefore, the trial court erred when it did not allow Robinson to introduce her medical bills into evidence.


{ } We sustain Robinson's first and second assignments of error, reverse the trial court's judgment, and remand this case for further proceedings in accordance with this decision.


Judgment reversed and cause remanded.


DOAN, P.J., and SUNDERMANN, J., concur.






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