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January 2018 Archives

Appellate Court Gives Personal Injury Plaintiffs A Choice Regarding Admission Of Low Medical Expenses In A Post-Tort Reform Era

The State Appellate Court for the Eastern District of Missouri recently issued an opinion in Schieffer v. DeCleene, No. ED 105243 (Mo. E. Dist. November 14, 2017) which allows personal injury plaintiffs to keep the amount of their medical expenses from the jury by omitting any request for recovery of medical expenses from their petitions. This issue arises when the amount paid for the plaintiff's medical treatment is relatively small when compared to their alleged injury and treatment due to the medical provider's contractual rates with the plaintiff's health insurer or the involvement of Medicare or Medicaid.

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