November 8

Defense Medical and Mental Health Examinations: A Reminder

Defense Medical and Mental Health Examinations: A Reminder

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.

November 15

A Cautionary Tale on Howell Future Damages

A Cautionary Tale on <em>Howell</em> Future Damages

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?

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