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22 J. Legal Econ. 69 (2015-2016)
The Concept of Reasonable Value in Recovery of Medical Expenses in Personal Injury Torts: An Update from 2008 to 2015

handle is hein.journals/jole22 and id is 78 raw text is: 

Thomas R. Ireland. 2015. The Concept of Reasonable Value in Recovery of Medical
Expenses in Personal Injury Torts: An Update from 2008 to 2015. Journal of Legal
Economics 22(1): pp. 69 84.

The Concept of Reasonable Value in Recovery
of Medical Expenses in Personal Injury Torts:
An Update from 2008 to 2015

Thomas R. Ireland

Abstract:    The first paper published as part of the Review Section of
the Journal of Legal Economics was this author's 2008 paper on The
Concept of Reasonable Value in Recovery of Medical Expenses in
Personal Injury Torts. The core issue was whether plaintiffs should be
permitted to recover medical expenses based on amounts originally billed
for medical expenses following an injury, amounts actually paid by third
party providers in satisfaction of those bills, or some mix of amounts
originally billed and amounts ultimately paid to satisfy those bills. Over
seven years have gone by since that paper was written, and the issue is no
closer to a final resolution. Some states continue to allow recovery for
past medical expenses to be based on amounts originally billed, and some
states continue to allow recovery of only the amounts ultimately paid to
satisfy those bills. The purpose of this note is to update that discussion to
include legal decisions regarding this issue from 2008 up to July 1, 2015.


I.   Introduction

     The first paper published as part of the Review Section of the
Journal of Legal Economics was Ireland (2008). The core issue was
whether plaintiffs should be permitted to recover medical expenses
based on amounts originally billed for medical expenses following an
injury, amounts actually paid by third party providers in satisfaction of
those bills, or some mix of amounts originally billed and amounts
ultimately paid to satisfy those bills. Over seven years have gone by
since that paper was written, and the issue is no closer to a final
resolution. Some states continue to allow recovery for past medical
expenses to be based on amounts originally billed, and some states
continue to allow recovery of only the amounts ultimately paid to
satisfy those bills. Other states continue to claim that the reasonable

Department of Economics, 408 SSB, University of Missouri at St. Louis, One
University Boulevard, St. Louis, Missouri 63121-4400, Tel: 314/516-5558, E-mail:
ireland@umsl.edu, Web: www.umsl.edu/-ireland

Ireland: The Concept of Reasonable Value in Recovery of Medical Expenses
in Personal Injury Torts                                        69

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