Scott v. Garfield, 454 Mass. 790 (2009)

Citation: Scott v. Garfield, 454 Mass. 790 (2009)
Parent Document: Scott v. Garfield, 454 Mass. 790 (2009)
Jurisdiction: Massachusetts (state)
Effective Date: 2009-09-15
Original Source: https://www.courtlistener.com/opinion/6580039/scott-v-garfield/ ↗

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*804The issue is one of considerable controversy in both the courts and State Legislatures around the country.3 A majority of the courts that have considered the issue have concluded “that plaintiffs are entitled to claim and recover the full amount of reasonable medical expenses charged, based on the reasonable value of medical services rendered, including amounts written off from the bills pursuant to contractual rate reductions.” Lopez v. Safeway Stores, Inc., 212 Ariz. 198, 206 (Ct. App. 2006). See Wills v. Foster, 229 Ill. 2d 393, 410 (2008) (citing cases from twelve jurisdictions supporting conclusion that “vast majority of courts to employ a reasonable-value approach hold that the plaintiff may seek to recover the amount originally billed by the medical provider”).4

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