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Sanchez, the Evidence Code, and Expert Testimony: A New California Paradigm? Tom Dawson   Expert Testimony under Sanchez: A Paradigm Shift In People v Sanchez,1 the California Supreme Court overruled long-standing authority allowing experts to rely on case-specific hearsay.2 The decision fundamentally limits an expert’s ability to rely on hearsay and asks the jury to consider the underpinnings for the expert’s conclusion. “When an expert relies on hearsay to provide case-specific facts, considers continue reading
What is the Collateral Souce Rule? The United States has always favored insurance for the payment of claims. And to encourage the take-up of coverage, many states have interpreted the collateral source rule as a vehicle, which enables plaintiffs to recover from defendants, regardless of the plaintiff’s insurance status. This position means any collateral sources, be continue reading
With the average American spending $10,739 per person annually, healthcare cost in the United States is the world's most expensive.  From prescription drugs to treat conditions and improve overall patient health; facilities (emergency, short, and longer-term-care); physicians; medical products (including research and development); and healthcare providers; the United States offers some of the most effective and continue reading
by Thomas J. Dawson III, Esq., MPH, MA TD&P Consulting, Inc. January 16, 2017 The “reasonable value of medical expenses” consistently plays a major role in the litigation of personal injury matters, with plaintiffs seeking to recover the maximum amount based on their asserted injuries and defendants seeking to reduce potential damages. A recent decision in Tennessee brought attention continue reading
The Medicare Secondary Payer Act Section 111 of the Medicare, Medicaid and SCHIP Extension Act of 2007, and Medicare Set-Aside Frequently Asked Questions On January 4, 2019, the Centers for Medicare & Medicaid Services (“CMS”) released version 5.5 of the Medicare Secondary Payer (MSP) Non-Group Health Plan (NGHP) reporting requirements mandated by Section 111 of the continue reading
Did you know there’s a new way to estimate the valuation of a life care plan? Is it more valid and reliable than the old ways? Is it more accurate? For example, when was the last time, you paid “list price” for something? Probably as important, with Amazonization-like disruptions, what does “list price” mean anyway?  So how continue reading