Bates was an Ohio Supreme Court case that drastically changed what evidence a jury was allowed to see regarding the cost of medical treatment in a personal injury case. It also drastically changed how insurance companies evaluated personal injury claims and not in a good way.
The Robinson number arose out of the interplay between the 2006 Ohio Supreme Court case, Robinson v. Bates and Ohio Revised Code 2315.20. The Robinson number is a modification of Ohio's version of the Collateral Source Rule. Something that is not obvious or little known by non-attorneys are the rules of evidence.Jan 20, 2015
In a tort action in Ohio, a defendant is barred from introducing evidence of insurance payments to a plaintiff. This is known as the collateral source rule. The objective of the collateral source rule is to prevent liable defendants from benefiting from payments made to the plaintiff by third parties.Jul 7, 2017
It is important to note that life insurance benefits, benefits received under Medicare, Medicaid, and the Workers' Compensation Law are expressly excluded under the statute as collateral sources.
In Tennessee, the Medical Malpractice Statute has made the Collateral Source Rule inapplicable to medical malpractice cases. (The collateral source rule remains applicable in other types of personal injury cases such as automobile accident cases.)Jul 27, 2020
CPLR 4545 operates to reduce a personal injury, wrongful death or property plaintiff's damages award by the amount the plaintiff receives from certain “collateral sources” such as medical and property insurance.Apr 1, 2009
In an Ohio personal injury matter, an injured individual may be compensated for medical expenses related to the injuries that the at-fault party caused. In order to be compensated by a jury, a plaintiff has the burden to prove the amount of these expenses and that they relate to the injuries sustained in the personal injury matter.
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In Robinson v. Bates, 112 Ohio St.3d 17, 2006-Ohio-6362, the Ohio Supreme Court decided to give the jury the original medical bill ($5,000), tell them the amount that was actually paid ($3,500), and then let the jury decide how much to award the plaintiff (as if a jury is better suited to decide this issue than simply imposing a fair rule of law). Justice Lundberg Stratton wrote separately that the original bill should be given to the jury (to show the severity of the injury), but the plaintiff should only recover the actual amount paid ($3,500).
The negligent driver (and his / her insurance company) is responsible for all damages s/he causes. The plaintiff is entitled to all losses caused by the careless driver’s negligence. The hospitals and doctors who treat the injured person should be able to recover the full, fair market value of their services.
But since the automobile liability insurance company is ultimately paying the losses (not the health insurance company), the hospitals and doctors should recover the full fair market value of their services, not the negotiated rate paid by the health insurance.
An injured plaintiff can no longer recover the gross amount of the medical expenses incurred (the old rule), but only the amount that was actually paid. Especially for our personal injury clients, it is important to understand the significance of the Robinson v. Bates case. In order to understand Robinson, you first must understand ...
Although aware of the work by the contractor, Tenant stepped onto the uneven slab of the footer and injured her foot. Tenant sued Landlord for her personal injuries.
The collateral-source rule does not apply to bar evidence of the amount accepted by a medical care provider from an insurer as full payment for medical or hospital treatment. Both the amount originally billed by the provider and the amount paid by the insurer are admissible to prove the reasonable value of the medical treatment.
The staff member who likely understood the fire danger the best was Bruce Bates, a Deputy Probation Officer who has worked for the department for almost 20 years, and had been employed by the county’s Department of Child and Family Services for two years before that. He was also part of the implementation team that had worked on the creation of the therapeutic protocol for Kilpatrick.
The fire had yet to hurdle the 101 when DPO Mike Dugan , one of the day staff who’d gone to Gonzales, began the drive back to Kilpatrick. Normally at that time of day in November, the sky above the sparsely populated canyon roads Dugan was driving resembled black silk, with a scattering sequins. But when he turned north from Las Virgenes on to Mulholland Drive, Dugan found himself looking at a sky that was as “bright as a Hollywood premiere,” he told colleagues. That was the moment he began to feel actively freaked, Dugan told friends much later, albeit using much more colorful language.
Like most of the DPOs, the Kilpatrick staff members worked a 3-day, 56-hour week. During those 56-hours, the day staffers were generally on duty from 6 a.m. when the camp’s teenage residents woke up, until 10 p.m. when the boys bedded down, and the night staff showed up, meaning the day staff could get some sleep. On a normal day, once the day staff was relieved, a small number went home, if they happened to live within reasonable driving distance. But most slept in on-campus dorms until they were on active duty again first thing in the morning.