Bates v. Hogg

921 P.2d 249, 22 Kan. App. 2d 702, 1996 Kan. App. LEXIS 92
CourtCourt of Appeals of Kansas
DecidedAugust 2, 1996
Docket73,255
StatusPublished
Cited by36 cases

This text of 921 P.2d 249 (Bates v. Hogg) is published on Counsel Stack Legal Research, covering Court of Appeals of Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bates v. Hogg, 921 P.2d 249, 22 Kan. App. 2d 702, 1996 Kan. App. LEXIS 92 (kanctapp 1996).

Opinions

[703]*703Gernon, J.:

Plaintiff Dana Bates appeals the trial court’s order prohibiting her from presenting evidence on the full value of her medical expenses and limiting the evidence at trial to the actual amounts paid. Bates also appeals the court’s ruling limiting the testimony of one of her expert witnesses and the court’s order eliminating the jury award for noneconomic damages.

Defendant Clinton Hogg and Bates were involved in an injury accident in January 1992. Hogg’s pickup truck, traveling at approximately 40 miles per hour, struck Bates’ vehicle from behind.

Prior to trial, Hogg filed a motion in limine to limit Bates’ evidence of economic damages to the amounts actually paid by Medicaid on her behalf. Hogg sought to prevent Bates from introducing evidence concerning the market value or list price of the services she received. The trial court granted the motion.

At trial, Bates presented medical evidence of her injuries. Included in her claim for damages were damages for a shoulder injury she claimed resulted from the accident. She testified that she initially only complained of pain in her neck, back, collarbone, and ankle. However, several months after the accident, her shoulder began popping out of joint. She eventually was diagnosed with a glenoid humeral tear and had to have two different surgeries on the shoulder. She has a scar on her right shoulder and has reduced range of motion due to the injury and surgery.

Hogg claimed that the shoulder injury was not caused by the accident. He attempted to discredit Bates’ claim that the wreck caused the shoulder injury by pointing out that she did not complain about her shoulder until 4 months after the accident.

• A jury returned a verdict, finding Hogg 100% at fault and awarding Bates $1,305.23 in medical expenses, $0 for future medical expenses, $3,310 in noneconomic loss to date, and $0 in future noneconomic loss.

After trial, the court found Bates had not met the $2,000 threshold for economic damages required by K.S.A. 40-3117 and eliminated the noneconomic damages, thus leaving total damages awarded to Bates of $1,305.23.

Limiting Evidence of Economic Damages

The first issue on appeal concerns the prohibition by the trial [704]*704court of a presentation by Bates of the full value, or market value, of the medical treatment she received as a result of the accident and limiting her to presenting evidence of what Medicaid actually paid on her behalf after the statutory write-off or charge-down. She contends that the court’s limitation is a violation of the Kansas collateral source rule.

The question, simply stated, is whether an injured plaintiff can include, in a claim for economic damages, amounts that have been written off by the health care provider in conjunction with a Medicaid contract. This is a question of first impression in Kansas.

Both sides agree that whether evidence of such amounts is admissible for a determination of economic damages is a question of law. Therefore, this court’s scope of review is unlimited. See State v. Donlay, 253 Kan. 132, 134, 853 P.2d 680 (1993).

“When determining a question of law, this court is not bound by the decision of the district court.” Memorial Hospital Ass’n, Inc. v. Knutson, 239 Kan. 663, 668, 722 P.2d 1093 (1986).

“[T]he purpose of awarding damages is to make a party whole by restoring that party to the position he [or she] was in prior to the injury.” Samsel v. Wheeler Transport Services, Inc., 246 Kan. 336, 352, 789 P.2d 541 (1990), overruled in part on other grounds 248 Kan. 824, 844, 811 P.2d 1176 (1991).

Generally, damages in a personal injury case are divided into economic and noneconomic damages.

“Economic damages include the cost of medical care, past and future, and related benefits, i.e., lost wages, loss of earning capacity, and other such losses. Noneconomic losses include claims for pain and suffering, mental anguish, injury and disfigurement not affecting earning capacity, and losses which cannot be easily expressed in dollars and cents.” 246 Kan. at 352.

The issue presented only involves economic damages, specifically medical expenses.

The fundamental principle of the law of damages is that a person who suffers personal injuries because of the negligence of another is entitled to recover the reasonable value of medical care and expenses for the treatment of his or her injuries, as well as the cost of those reasonably certain to be incurred in the future. 22 Am. Jur. 2d, Damages § 197, p. 169.

[705]*705The question then becomes: What role does the collateral source rule play in the damage action before this court?

"The collateral source rule is generally recognized at common law. The rule is that benefits received by the plaintiff from a source wholly independent of and collateral to the wrongdoer will not diminish the damages otherwise recoverable from the wrongdoer.” Masterson v. Boliden-Allis, Inc., 19 Kan. App. 2d 23, 27, 865 P.2d 1031 (1993).
" ‘The collateral source rule permits an injured party to recover full compensatory damages from a tortfeasor irrespective of the payment of any element of those damages by a source independent of the tortfeasor. The rule also precludes admission of evidence of benefits paid by a collateral source, except where such evidence clearly carries probative value on an issue not inherently related to measurement of damages.’ 3 Minzer, Nates, Kimball, Axelrod and Goldstein, Damages in Tort Actions § 17.00, p. 17-5 (1984).” Wentling v. Medical Anesthesia Services, 237 Kan. 503, 515, 701 P.2d 939 (1985).

Clearly, benefits paid to a health care provider on behalf of an injured plaintiff are benefits from a collateral source. However, should the measure of benefits be limited to the amount actually paid or required to be paid?

It is our conclusion that the collateral source rule is not applicable under these circumstances. Nothing in the reasoning underlying the collateral source rule supports Bates’ position on this issue.

Presently, a medical provider, by agreement and contract, may not charge Medicaid patients for the difference between their customaiy charge and the amount paid by Medicaid. Therefore, the amount allowed by Medicaid becomes the amount due and is the “customary charge” under the circumstances we have before us. See K.A.R. 30-5-59(e) (1993 Supp.).

In Evanston Hosp. v. Hauck, 1 F.3d 540 (7th Cir. 1993), cert. denied 127 L. Ed. 2d 215, 114 S. Ct. 921 (1994), the hospital accepted $113,424 from Medicaid as payment in full of a $270,760.24 bill.

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Bluebook (online)
921 P.2d 249, 22 Kan. App. 2d 702, 1996 Kan. App. LEXIS 92, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bates-v-hogg-kanctapp-1996.