Posted On: August 5, 2009
WRITTEN OFF MEDICAL BILLS NOT RECOVERABLE IN INDIANA ADULT WRONGFUL DEATH ACTION
After a patient’s death, her estate in Butler v. Indiana Dept. of Ins. sought excess damages from the Indiana Patient’s Compensation Fund. The Indiana Supreme Court held that, with respect to damages under Ind. Code § 34-23-1-2(c)(3)(A), the amount recoverable by the plaintiff in a wrongful death case for the “reasonable medical expenses” necessitated by the wrongful act is the portion of the billed charges ultimately accepted pursuant contractual adjustments, not the initial amount billed. The court reached its decision after analyzing the specific language contained in Ind. Code § 34-23-1-2, (the Adult Wrongful Death Statute). Butler v. Indiana Dept. of Ins., 904 N.E.2d 198 (Ind. 2009).
