Event Calendar

Monday, June 11, 2029

On Demand: Non-Economic Claims for “Reasonable” Medical-Special Damages in Washington

Start Date: 6/12/2024 8:00 AM PDT
End Date: 6/11/2029 5:00 PM PDT


Organization Name: Washington Defense Trial Lawyers

Contact:
Maggie Sweeney
Email: maggie@wdtl.org
Phone: (206) 749-0319

Sponsor: Avalon Health Economics

Credit Card Payments Only

WDTL Members: $30

Non Members: $60

1 WSBA CLE credit

You are purchasing an on demand video.  
Following registration, you will receive an email with a link to the video and instructions for obtaining CLE Credit.  You are responsible for submitting your CLE credit.

Description:
 
Non-Economic Claims for “Reasonable” Medical-Special Damages in Washington: What evidence is admissible, how are medical bills created, and a case study led by Avalon Health Economics regarding defending against excessive medical billing practices in personal injury lawsuits.
 
 
Defending against claims for medical specials in Washington has always been problematic.  Case law developed by Washington's appellate courts is clear regarding what evidence is not admissible but is vague regarding what evidence is admissible. 
 
This WDTL Lunch & Learn will provide a brief introduction to Washington law and then focus on how medical billing works, beginning with a discussion of the development of medical billing from the early 1900s from non-profit to for-profit hospitals, the databases and evidence available regarding amounts charged and accepted by medical providers, and strategies for presenting evidence regarding the amount of a reasonable medical expense.  A case study regarding the recent trend of excessive medical billing practices in personal injury cases will demonstrate defense strategies and touch upon various issues, including lien-based treatment, discovery devices to uncover lien-based agreements frequently not placed in medical record files, and plaintiff attorney strategies seen in other states and heading towards Washington.

Presenters:
John E. Schneider, PhD, Avalon Health Economics
Levi Bendele, Lee Smart
Stephanie L. McNulty, Lee Smart

Levi Bendele is a civil defense attorney who defends insureds and insurance companies.  He worked for State Farm claims in the late 90s and for the last 20+ years has defended a variety of cases, including automobile liability and UM/UIM, premise liability, construction injury and defect, premises liability, HOA litigation, professional liability, and insurance matters involving EUOs, PIP, coverage, bad faith and IFCA claims.  He has been a member of WDTL since the early 2000s, was formerly a board member, and currently heads the Auto and Trucking Practice Group.

Stephanie McNulty is an experienced litigator involved in personal injury since 2013. The majority of that time has been spent in the Insurance Defense practice area. Stephanie also has experience as a Plaintiff attorney, giving her a unique perspective when representing her clients. She also has experience with family law, estates, protection orders, and other civil litigation, but the complexities of Insurance Defense is where her passion lies and why Lee Smart has been such a great personal fit for her. In addition to personal injury, Stephanie works on professional malpractice claims utilizing her broad legal background defending professionals in court and responding to Licensing Boards and credentialing agencies. Stephanie has handled trials in a variety of jurisdictions from Snohomish, Skagit, and Whatcom Counties, both advocating and appearing on clients’ behalf both remotely and in person since the pandemic started.

John E. Schneider is the CEO and founder of Avalon Health Economics. Dr. Schneider was on the faculty in the Department of Health Management and Policy and the Department of Economics at the University of Iowa. His PhD is in Health Services and Policy Analysis from the University of California Berkeley, with a concentration in health economics. He has over 25 years of experience studying economic and organizational aspects of the health care industry, including professional appointments at the Center for Health Economics Research (Waltham, MA; now part of RTI International), and the California Association of Health Plans (Sacramento, CA).Dr. Schneider has also served as a consultant to managed care organizations, state health departments, trade associations, medical device manufacturers, large pharmaceutical companies, and others. He has also served as an expert witness in several legal proceedings. Dr. Schneider’s expertise include: economic evaluation of new pharmaceuticals, devices, and diagnostics (including outcomes research and other forms of technology assessment); pricing and reimbursement; analysis of medical care costs (costs of illness; valuation of medical services and supplies); health insurance & managed care; regulation, hospital competition, and health care markets; specialty hospitals; physician ownership; contracting; antitrust; and trademark infringement. Some of his research has been published in Medical Care Research and Review, International Journal of Healthcare Finance and Economics, Tobacco Control, Health Economics Review, Health Affairs, Inquiry, Health Services Research, Review of Industrial Organization, International Journal of Technology Assessment in Health Care, American Journal of Medical Science, Prevention Science, and Health Care Financing Review. He is co-author of The Business of Health (AEI Press, 2006).
 



 
Fighting for justice and balance in civil courts.