Recovery of Medical Expenses

May 1, 2012 Posted in Blog Post Share

The Wisconsin Supreme Court, in Orlowski v. State Farm Mutual Auto. Ins. Co., 2012 WI 12, recently held that people hurt in auto collisions can recover all of their medical expenses incurred, even when their doctors were paid far less by a health insurer.

Doctors and hospitals often have contracts with health insurance companies where the insurance company negotiates a reduced rate of payment.  The plaintiff, Linda Orlowski, was allowed to recover the reasonable value of her medical services – including the amounts that were written off by the medical provider – in her underinsured motorist claim.  The decision clarifies an area of law that had been the subject of much debate over the past decade.