Proving And Defending Against The Cost Of Health Care. 

In a personal injury case, a jury found defendant negligent and awarded $261,713.71 for past medical expenses.  Plaintiff had no medical insurance, and her medical providers rendered service to her on a lien basis. However, a third party purchased the lien for a discounted amount, although plaintiff remained liable for the total amount. Under Evidence Code section 352, the trial court denied defendant’s motion to admit evidence of the discounted amount the third party paid for the lien. The Court of Appeal affirmed, stating that “because defendant proffered no evidence to show that [the discounted purchase price for the lien] represented the reasonable value of plaintiff’s treatment, the probative value of that evidence was substantially outweighed by the probability that it would create a substantial danger of undue prejudice as well as a danger of confusing and misleading the jury.”  (Uspenskaya v. Meline (Cal. App. Third Dist.; October 28, 2015) 241 Cal.App.4th 996.)