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Opinion
2003 Fla. App. LEXIS 20139 · District Court of Appeal of Florida · Dec 31, 2003
Full text
Jennifer EFRON, a minor, through her parent and legal representative, David EFRON v. MIAMI HERALD PUBLISHING COMPANY
District Court of Appeal of Florida · Oct 23, 2009
Supreme Court of Florida · Apr 28, 2005
District Court of Appeal of Florida · Feb 23, 2005
District Court of Appeal of Florida · Jan 19, 2005
District Court of Appeal of Florida · Nov 24, 2004
Parentheticals
holding that a plaintiff is limited to admitting into evidence the amount of past medical bills paid by Medicare rather than the gross amount
concluding that the medical provider’s “original charge becomes irrelevant” when it accepts a lesser sum from Medicare “because it does not tend to prove that the claimant has suffered any loss by reason of the charge”
allowing the admission of evidence of excess charges .is “contrary to the public purpose of reducing health care, costs to allow inflated damage recoveries to stand without reduction”
"The issues on appeal relate to ... the propriety of entering judgment for past medical expenses that include charges eliminated by Medicare payment."
“[C]ases interpreting section 768.76(1) appear not to allow a setoff for this kind of Medicare benefits.”
SUSAN MATRISCIANI v. GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY
elevator passenger was not entitled to recover, as damages in her negligence action against the elevator company, the amount by which medical providers’ charges were reduced upon acceptance of payment from Medicare
“If this were only an issue of setoff, we might agree with plaintiff's motion for rehearing that some cases interpreting section 768.76(1) appear not to allow a setoff for this kind of Medicare benefits.”
SUSAN MATRISCIANI v. GARRISON PROPERTY AND CASUALTY INSURANCE COMPANY
Fla. 4th DCA March 10, 2004
