Opinion

Kashner v. Geisinger Clinic

  • 432 Pa. Super. 361
  • 638 A.2d 980
  • 1994 Pa. Super. LEXIS 190
Court
Superior Court of Pennsylvania
Filed
Feb 1, 1994
Status
Published
Author
Sole
On the bench
McEwen, Sole, Hoffman
Cited by
15 cases

noting that while the amount actually paid for medical services is relevant to determining the reasonable value of those services, it is still the value of the services, and not the cost, on which recovery of compensatory damages for said services depends

How later courts described this case

  • noting that while the amount actually paid for medical services is relevant to determining the reasonable value of those services, it is still the value of the services, and not the cost, on which recovery of compensatory damages for said services depends
  • discussing plaintiff's right to recover reasonable value of medical services made necessary by tortfeasor's wrongdoing and noting that trier of fact must look to a variety of factors in determining the reasonable value of the medical service provided
  • holding that a clinic was entitled to a setoff where it voluntarily forgave medical expenses pursuant to a charity program
  • “It is well-settled that a plaintiff in a personal injury action seeking damages for the cost of medical services provided to him as a result of a tortfeasor’s wrongdoing is entitled to recover the reasonable value of those medical services.”

Written by the judges who cited it.

Distinguished

  • Distinguished by Moorhead v. Crozer Chester Medical Center, 34 Pa. D. & C.4th 330 (1997)

    Kashner is distinguishable because Geisinger Clinic, as a separate corporate entity found liable to plaintiff, was not allowed a credit for the GMC’s “forgiveness” of a portion of its bill.
    Pennsylvania Court of Common Pleas, Delaware CountyMar 4, 1997Read it

The opinion

DEL SOLE, J.,

concurring.

I join the Majority Opinión authored by Judge Hoffman. I only wish to point out that where a tortfeasor makes a pre *371 judgment payment to reduce liability, the reduction occurs after the extent of the liability is determined. It is not used to limit that determination.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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