| What ever happened to the Collateral Source | | | | Medical experts can testify that the full amount of |
| Rule? It is alive; you just have to know how to | | | | the bills is reasonable and necessary. Hanif and |
| implement it. Every California Attorney currently | | | | Nishihama are avoided, and the Collateral Source |
| handling Personal Injury Litigation is all too familiar | | | | Rule prevails. |
| with Insurance Companies routinely reducing, or | | | | Now that you know how to maximize the value |
| "Hanifizing", their client's medical bills. Insurance | | | | of your client's case, the question is how to find |
| carriers are only willing to look at what is paid by | | | | doctors who will perform pain management or |
| Health Insurance, not at the actual bills, the true | | | | surgery on a lien basis. Many medical providers |
| value of the medical services rendered. This | | | | offer such services, but some are much better |
| makes a huge difference in what is offered to | | | | than others. One of the keys to maximizing your |
| settle claims. (See Hanif vs Housing Authority | | | | client's recovery is to get him the very best |
| (1988) 200 Cal App 3rd 635, Nishihama vs City | | | | medical care from the very best providers. Make |
| and County of San Francisco (2001) 93 Cal App | | | | sure your doctor is Board Certified, is comfortable |
| 4th 298) | | | | handling Med/Legal issues and is willing to testify |
| What's worse is that this practice is infecting the | | | | both in a deposition and in court. Make sure the |
| litigation process. More and more when cases go | | | | amount charged by the Surgery Center or |
| to Trial, Judges are granting defense firms' Hanif | | | | Hospital is reasonable. Many less reputable facilities |
| Nishihama Motions in Limine. The result is that | | | | inflate their charges by 200%-300% so that |
| Juries are limited to considering only the amount | | | | when the case settles and they offer a 20% |
| paid for medical services rather than the amount | | | | reduction in the bill, it sounds like a good deal. In |
| billed. When Juries are permitted to see the actual | | | | addition to being highway robbery, obscenely |
| medical bills, most Judges, at a post trial Hanif | | | | inflated bills reflect poorly on even the |
| Hearing, slash the Jury award by the difference | | | | best-presented case. |
| between the amount billed and the amount paid | | | | Getting the better doctors, hospitals and surgery |
| by the Health Insurance Provider. | | | | centers to take a lien on a 3rd party personal |
| You don't have to be handcuffed by Hanif. As a | | | | injury case is difficult because they do not have |
| Personal Injury Trial Attorney, you can avoid this | | | | to, and do not want to, be involved with |
| nightmare simply by having your client's medical | | | | negotiating and collecting liens. To avoid this, they |
| treatment done on a lien instead of through his | | | | work with companies like Medical Finance LLC, |
| her Health Insurance Provider. If you are confident | | | | that purchase receivables, along with all the rights |
| in your case and there is sufficient insurance | | | | and interests, from medical providers. This allows |
| coverage to warrant it, there is very little risk to | | | | medical providers to legitimately testify that they |
| having these services performed on a lien basis | | | | have been paid for their services, while preventing |
| since Health Insurance Providers invariably file liens | | | | defense counsel from disclosing the factoring of |
| against Third Party PI Cases anyway. The benefit, | | | | the bill to the Jury (See Katiuzhinsky v s Perry |
| however, is enormous. When treatment is | | | | (2007) 152 Cal App 4th 1288). When the case is |
| performed on a lien, the real value of medical | | | | resolved, the attorney negotiates the lien, not |
| services, not the artificial value given to them by | | | | with the medical provider, but with the company |
| Insurance Companies, is brought into evidence. | | | | that now owns the lien. |