The Los Angeles County Bar Association’s Professional Responsibility and Ethics Committee recently issued an advisory opinion addressing the tripartite relationship among insurers, their insureds and defense counsel.
One of the greatest tools a defendant has is the ability to require a physical or mental examination of a plaintiff (“IME”). Following a defense medical examination, a defendant is obligated to produce the IME report upon plaintiff’s written request. However, this also provides the perfect opportunity for a defendant to obtain early disclosure of vital information regarding the identity of plaintiff’s experts and opinions and reports from those experts.
Reasonable value of medical services is the amount paid rather than the amount billed for both past (Howell v. Hamilton Meats & Provisions, Inc. (2011) 52 Cal.4th, 541, 556) and future (Corenbaum v. Lampkin (2013) 215 Cal.App.4th 1308, 1330) medical treatment. Further, damages need to be reasonably certain to be recoverable. Cal. Code Civ. Proc.§§3283, 3359. So how does one establish or challenge future damages and the reimbursement rate likely paid?