Terrell v. Nanda

759 So. 2d 1026, 2000 WL 562868
CourtLouisiana Court of Appeal
DecidedMay 10, 2000
Docket33,242-CA
StatusPublished
Cited by30 cases

This text of 759 So. 2d 1026 (Terrell v. Nanda) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Terrell v. Nanda, 759 So. 2d 1026, 2000 WL 562868 (La. Ct. App. 2000).

Opinion

759 So.2d 1026 (2000)

Lorene TERRELL, et al., Plaintiffs-Appellants,
v.
Anil NANDA, M.D., et al., Defendants-Appellees.

No. 33,242-CA.

Court of Appeal of Louisiana, Second Circuit.

May 10, 2000.

*1027 Kenneth R. Antee, Jr., Shreveport, Counsel for Appellants.

Richard Ieyoub, Attorney General, James R. Dawson, Assistant Attorney General, Counsel for Appellees.

Before WILLIAMS, STEWART and PEATROSS, JJ.

STEWART, J.

The issue presented in this appeal is whether plaintiffs in a medical malpractice action may collect as special damages the amount of medical expenses contractually written off by the healthcare provider pursuant to its contract with the Medicaid program, a joint federal and state program which provides payment of medical expenses for indigent individuals. For the reasons discussed herein, we find, as did the trial court, that medical expenses contractually written off pursuant to the Medicaid program requirements are not damages recoverable by the plaintiffs.

FACTS

Vernon Taylor suffered a ruptured disc during an automobile accident. On October 26, 1994, Mr. Taylor underwent an anterior cervical diskectomy and fusion at the C3-C4 level. The surgery was performed at the Louisiana State University Medical Center ("LSUMC") in Shreveport. After the surgery, Mr. Taylor began to experience numbness and difficulty moving his lower extremities. An emergency surgery involving an anterior cervical fusion with a bone graft was performed to correct these problems. The procedure was unsuccessful, and Mr. Taylor's condition deteriorated to quadriplegia. As a result of the quadriplegia, Mr. Taylor developed pulmonary and respiratory complications necessitating the installation of a pacemaker. He also became ventilator dependent. Mr. Taylor was treated at LSUMC until January 1995, at which time he was transferred to LifeCare Hospital ("LifeCare"), as a Medicaid patient, for long term rehabilitation treatment. He remained at Life-Care until his death on May 22, 1995.

Mr. Taylor's family, the plaintiffs herein, filed suit for damages against LSUMC and Mr. Taylor's treating physicians, Dr. Anil Nanda and Dr. Henry Zizzi, alleging medical malpractice. The claims against Drs. Nanda and Zizzi were later dismissed on an exception of prematurity. The Medical Review Panel determined that LSUMC breached the applicable standard of care, particularly in failing to conduct or record neurological checks from the end of the first surgery until more than three hours later. Thereafter, the plaintiffs and *1028 LSUMC reached a partial settlement for $630,000. This settlement did not pertain to the plaintiffs' claim for medical expenses contractually written off by LifeCare pursuant to Medicaid requirements. This issue was submitted to the trial court for resolution on the basis of the parties' stipulations and exhibits offered into evidence.

The evidence showed that Mr. Taylor's medical expenses at LifeCare totaled $1,110,922.82 and that Medicaid paid Life-Care $164,084.82. The difference of $946,838 was contractually written off by LifeCare as required by Medicaid. Because LifeCare accepted Mr. Taylor as a Medicaid patient, LifeCare was required by both federal and state law to accept the Medicaid payment as payment in full and was prohibited from collecting further payment from Mr. Taylor. See 42 U.S.C. § 1396; 42 C.F.R. § 447.15. The evidence also showed that upon applying for Medicaid, Mr. Taylor and his family were informed that they would not be charged for Mr. Taylor's treatment and would incur no liability for his medical expenses.

The plaintiffs relied upon the collateral source rule as support for their claim that the contractually adjusted medical expenses are an item of damages to which they are entitled. The plaintiffs also filed a motion in limine to exclude any evidence of Medicaid payments. LSUMC contended that the right to recover the contractually adjusted medical expenses is preempted by federal law governing the Medicaid program and that allowing recovery of these expenses as damages would be a violation of the Supremacy Clause of the Unites States Constitution. Additionally, it was LSUMC's position that the State of Louisiana procured the Medicaid payments and provider agreement from which Mr. Taylor benefitted, as such the collateral source rule did not apply. Allowing recovery of the contractually adjusted expenses would, according to LSUMC, result in a windfall to the plaintiffs at the expense of taxpayers. Finally, LSUMC filed an exception of no right of action alleging that by applying for Medicaid, Mr. Taylor assigned the rights to reimbursement or repayment of medical bills from any third party to Medicaid.

The trial court denied the plaintiffs' motion in limine and claim for recovery of the contractually adjusted medical expenses in the amount of $946,838. In denying the plaintiffs' claim, the trial court referred to the following statement from Gordon v. Forsyth County Hospital Authority, Inc., 409 F.Supp. 708 (M.D.N.C. 1975), affirmed in part and vacated in part, 544 F.2d 748 (4th Cir.1976):

It would be unconscionable to permit the taxpayers to bear the expense of providing free medical care to a person and then allow that person to recover damages for medical expenses from a tortfeasor and pocket the windfall.

The plaintiffs now appeal this adverse judgment.

DISCUSSION

The plaintiffs contend that the trial court erred in denying recovery of the contractually adjusted medical expenses and that this error is in contravention of well-established Louisiana law applying the collateral source rule to medical expenses contractually adjusted as required by the Medicaid/Medicare laws. The plaintiffs assert that, through application of the "collateral source" rule, they are entitled to an award of $946,838, the amount of medical expenses incurred by Mr. Taylor in the course of his treatment at LifeCare.

Under the collateral source rule, a tortfeasor may not benefit, and an injured plaintiffs tort recovery may not be diminished, because of benefits received by the plaintiff from sources independent of the tortfeasor's procuration or contribution. Cooper v. Borden, 30,292 (La.App.2d Cir.2/25/98), 709 So.2d 878; Williamson v. St. Francis Medical Center, Inc., 559 So.2d 929 (La.App. 2d Cir.1990). By application of the collateral source rule, courts have held that a plaintiffs recovery cannot by diminished by amounts paid by Medicare. Cooper v. Borden, supra; Williamson *1029 v. St. Francis Medical Center, Inc., supra; Weir v. Gasper, 459 So.2d 655 (La.App. 4th Cir.1984), writ denied, 462 So.2d 650 (La.1985); Womack v. Travelers Ins. Co., 258 So.2d 562 (La.App. 1st Cir. 1972), writ denied, 261 La. 774, 260 So.2d 701 (1972). For other applications of the collateral source rule see Bryant v. New Orleans Public Service, Inc., 406 So.2d 767, 768 (La.App. 4th Cir.1981), writ granted, 410 So.2d 761 (La.1982), affirmed, 414 So.2d 322 (La.1982).

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Bluebook (online)
759 So. 2d 1026, 2000 WL 562868, Counsel Stack Legal Research, https://law.counselstack.com/opinion/terrell-v-nanda-lactapp-2000.