On July 9, 2018, Adam filed an amicus letter brief on behalf of DRI urging the California Supreme Court to grant review of Pebley v. Santa Clara Organics (2018) 22 Cal.App.5th 1266. Pebley is the latest case interpreting Howell v. Hamilton Meats and Provisions, Inc. (2011), in which the California Supreme Court limited medical damages in a personal injury action to the amount paid by a health insurer, rather than the amount billed by the provider.
In Pebley, the injured plaintiff had health insurance but decided, apparently after consultation with his lawyer, to treat with a “lien doctor”–a doctor outside of his insurance who charged, but never collected, a rate many times higher than those generally paid by either insurance companies or uninsured individuals treating in a medical facility. Over the defense’s objection, the plaintiff in Pebley was permitted to present evidence of his full unpaid bills from the lien doctor, which were significantly higher than they would have been had he treated through his insurer.
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