Missouri Court of Appeals Issues New Ruling on the Value of Medical Bills in Personal Injury Cases

In Berra v. Danter, ED92279 (Mo.App. E.D. 10-27-2009), the Missouri Court of Appeals recently upheld a $300,000 jury verdict prior to allocation of fault.  In the case, the medical providers charged $90,062.52 but the total amount paid for the medical treatment to the medical provders was $28,734.37.  Plaintiff’s legal counsel argued that the total amount of the charged medical bills, $90,062.52, was the value of Plaintiff’s medical bills to be presented to the jury at the time of trial.

The court found that Plaintiff rebutted the presumption that the value of the medical bills was limited to the amount necessary to satisfy the financial obligation to the health care provider.  In making its determination, the trial court looked at evidence of “the medical bills incurred by a party” under  Section 490.715.5(2)(a).  The trial court also examined Section 490.525.2 which indicates that “an affidavit that the amount a person charged for service was reasonable at the time and place that the service was provided and that the service was necessary is sufficient evidence to support a finding of fact by judge or jury that the amount charged was reasonable or that the service was necessary.”  Based on its reading of these Statues, the Court of Appeals found that the trial court did not abuse its discretion in finding the total amount of the medical bills was the fair value of the bills.  The court further noted that “Defendant’s argument that the court may only consider the medical bills “incurred” to the extent of the dollar amount paid has no merit.”

This area of law continues to develop and legal counsel with knowledge of how to present evidence of the full value of medical bills incurred is now an integral part of successful personal injury litigation in Missouri.