Saturday, October 10, 2015
Louisiana Supreme Court finds medical provider write off does not fall within the collateral source rule, which means it can be taken into account when determining value of compensation
In a recent decision, the Louisiana Supreme Court has held that a writeoff from a medical provider, negotiated by the plaintiff‟s attorney, may not be considered a collateral source from which the tortfeasor receives no set-off. Applying Louisiana law and the principles set forth in our Civil Code, the court found that such a write-off does not fall within the scope of the collateral source rule. The TortsProf blog has more information. You can read the opinion here.