Procedures in Personal Injury Cases in Ohio
Medical Bills Paid in Personal Injury Cases in Ohio
In a personal injury or wrongful death action, the original medical bill rendered and the total amount accepted as full payment for medical services can be admitted into evidence. The jury may decide that the reasonable value of medical care is the amount originally billed, the amount the medical provider accepted as payment, or some amount in between.
When the court determines the reasonable value of medical bills, evidence of subrogated collateral source payments is generally inadmissible. In most cases, the jury would not be permitted to learn of insurance coverage for injuries suffered by the plaintiff, because the wrongdoer is expected to bear the burden of his actions rather than benefit from the plaintiff's diligence in carrying insurance.
A typical jury instruction relating to the value of medical services in Ohio is:
In determining the reasonable value of medical, hospital or other related care, treatment, services, products or accommodations you shall consider all of the evidence submitted. Both the original bill and the amount accepted as full payment may be considered along with all other evidence to determine the reasonable value.
3 Ohio Jury Instructions (2009), Section 315.01.