# Kashner v. Geisinger Clinic

> Superior Court of Pennsylvania · February 1, 1994 · 432 Pa. Super. 361

URL: https://www.frixlaw.com/law-library/cases/9700301

## Case

- **Full name:** Barbara KASHNER and George Kashner, Her Husband, Appellants, v. GEISINGER CLINIC, Arthur Thompson Colley, M.D.
- **Court:** Superior Court of Pennsylvania
- **Decided:** February 1, 1994
- **Citations:** 432 Pa. Super. 361; 638 A.2d 980; 1994 Pa. Super. LEXIS 190
- **Precedential status:** Published
- **Opinion:** Concurrence by Sole
- **Judges:** McEwen, Sole, Hoffman
- **Cited by:** 15 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9700301

## How later opinions describe it (automated extraction)

- 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
- discussing plaintiffs 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

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9700301. Public record. Not legal advice.