Obtaining Full Justice for the Injured has Become More Complicated
An injured party in Ohio has always been able to recover the full amount of damages incurred in an effort to make the plaintiff whole. Public policy prevents the jury from considering payment or availability of insurance by either party. Juries are not permitted to be told directly that a defendant has insurance that will pay for any recovery, and juries are prohibited from knowing whether a plaintiff has health insurance that will pay part or all of the medical expenses. The person who causes injury to another should not benefit from the fact that the injured party has insurance. It's a basic principle in Ohio law that the negligence of one party that results in injury, should result in full compensation to the injured party.
Recently, the Ohio Supreme Court in the case of Robinson vs. Bates, 112 Ohio St. 3d 17, 2006-Ohio-6362, held that a plaintiff (injured party) should recover only the amount of medical expenses actually paid - and not the actual amount of the medical bills charged. Ohio has a collateral source rule that states that evidence of insurance is not admissible to reduce the amount that an injured party may recover. The Robinson decision has now changed the rules in personal injury litigation. To illustrate:
If John Doe is injured due to the negligence of Mary Smith and incurs $1,000.00 in medical expenses for treatment, under previous law John Doe could recover the entire $1,000.00. The rule was established so that Mary Smith would not benefit from the fact that John Doe had health insurance, especially since John Doe probably paid premiums to maintain his health insurance.
Now, with the change in the law, the jury is entitled to know that same $1,000.00 in medical bills, actually was paid (by his health insurance) at the reduced amount of $800.00 as payment in full. By doing this, juries now are in a greater position to recognize that insurance is involved to pay for the medical bills for John Doe, and will be less inclined to award full damages to the patient where health insurance is available for the injured party (at the injured party's expense).
Personal injury litigation has become more complicated. If you have been injured and are considering a claim, make sure to save all explanation of benefits, as well as original bills for medical treatment, as detailed documentation has become even more important than ever before.
If you have any questions concerning the recent changes in the law in personal injury and medical negligence litigation, please contact one of the attorneys at Mishkind Law Firm Co., L.P.A., as we will be happy to get your questions answered.
