Tuesday, March 2, 2010

TSC reviews Tenn. Code Ann. 24-5-113(a) plaintiff's presumption of necessary and reasonable medical bills in complaint

HELEN M. BORNER ET AL. v. DANNY R. AUTRY (Tenn. May 26, 2009)

This case involves the interpretation and application of Tennessee Code Annotated section 24-5-113(a), which provides a rebuttable presumption that medical bills itemized in and attached to the complaint are necessary and reasonable if the "total amount of such bills" does not exceed $4,000. We hold that a plaintiff may rely on section 24-5-113(a) if the total amount of the medical bills that are itemized and attached does not exceed $4,000, regardless of the total amount of medical expenses that may have been incurred. A plaintiff is not entitled to the presumption, however, if the plaintiff relies on medical bills that have been redacted to reflect a total of $4,000 or less. The judgment of the Court of Appeals therefore is affirmed in part and reversed in part, and the case is remanded to the trial court for further proceedings consistent with this opinion.

The full text of this opinion may be found at the TBA website:

No comments:

Post a Comment