Strategies, Challenges, and Answers

Medical Liens Are Not A Collateral Source And Are Admissible To Prove Bias

One year ago, the Nevada Law Blogs wondered why a Plaintiff had been allowed to have his cake and eat it too.  That Earlier Post told the story of a Plaintiff whose medical providers treated him on liens.  However, before the trial, those same medical providers sold their liens to litigation lenders at a discount. […]

Trial Judge Let’s Plaintiff Have Cake And Eat It Too.

Setting: A courtroom somewhere in Las Vegas Cast of Characters: Treating Doctor Plaintiff’s Attorney (P.A.) Defendant’s Attorney (D.A.) Judge Doctor:         I performed surgery on Plaintiff and my charges are reasonable. D.A.:              But wait!  Doctor’s opinions regarding reasonableness are not believable.  He is biased.  He performed the […]

Collateral Source Is Still Good Law Despite Tri-County Equipment Decision

Following the California case of Howell v. Hamilton Meats & Provisions, Inc., 52 Cal. 4th 541, 257 P.3d 81, 128 CalRptr. 3d 658 (2011), the Nevada Law Blogs began wondering if Nevada would follow California’s lead and prohibit Plaintiff’s attorneys from introducing evidence of any medical bills that had been partially or totally forgiven by Plaintiff’s medical provider.  […]

A Workers’ Compensation Subrogation Lien Extends To A Nevada Injured Worker’s “Total Recovery” From The Third-Party Tortfeasor.

John Breen worked as a banquet chef at Caesars Palace.  He was refueling a portable stove.  It exploded causing him serious burns.  He died two days later. However, Mr. Breen’s family believed that he hadn’t died from the burns.  Rather they felt that medical malpractice killed him.  They sued the doctors who treated Mr. Breen before […]

Responding To The Anticipated Fallout Of The Haygood And Howell Opinions

It is anticipated that Plaintiff will be getting more lien care after the the decisions in Howell v. Hamilton Meats & Provisions, Inc., 52 Cal. 4th 541, 257, P.3d 81, 128 Cal Rptr. 3d 658 (2011) and Haygood v. Escabedo, Slip Op. No. 09-0377 (Tex. Sup. Ct. July 1, 2011). Mills & Associates gives advice on what to do to challenge that higher priced care.