Experienced Woodland Hills attorney Barry P. Goldberg is often sought out to discuss various aspects of personal injury cases. In a recent article in the national online publication Law360.com, Barry shares his thoughts on a California appeals court’s recent holding that parties sued for medical malpractice can use projected Affordable Care Act benefits to challenge plaintiff estimates of future medical costs.
Barry is concerned, and rightfully so, about the impact of the ruling on future medical malpractice plaintiffs. Barry explained that “in allowing discussion of the ACA at the trial court level, it completely abrogates the collateral source rule because the winkwink, nodnod message to the jury is, ‘Don’t award big damages because this person is going to get Obamacare insurance down the road.’ It’s a ruse to go around the collateral source rule.”
Read more of Barry’s thoughts here.
