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Trial court shouldn't have struck expert witness affidavit

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The Indiana Court of Appeals reversed summary judgment for a doctor in his attempt to collect an unpaid medical bill, finding the trial court erred when it struck the affidavit of an expert witness designated by the defendant.

In Marianne Jackson v. Thomas Trancik, M.D., No. 29A02-1012-CC-1391, Marianne Jackson went to Dr. Thomas Trancik for two office visits and shoulder surgery, which consisted of four separate procedures performed during one surgery. The bill was $11,147; Jackson paid a $20 co-pay and the doctor received nearly $6,000 as payment from Jackson’s insurer. He later filed suit against Jackson to recover the remaining $5,252.

Jackson wanted to introduce an affidavit by Christine Lewis, owner of MedReview Solutions, a firm specializing in reviewing medical bills. Lewis believed that three of the four surgical procedures weren’t billed correctly and that resulted in the doctor overcharging Jackson by more than $3,700. Her affidavit was struck after Trancik argued that Lewis wasn’t an expert qualified to render such an opinion and that her opinion wasn’t shown to be reliable or based on personal knowledge.

Lewis’ curriculum vitae shows she reviews medical bills for a living and she is also a certified public accountant and has completed a training program with Medical Billing Advocates of America. Based on her experience and training, she is qualified to render an expert opinion on the correctness of Trancik’s billing, wrote Chief Judge Margret Robb.

“Lewis is not second-guessing Dr. Trancik’s decision to perform the surgery that he did, nor is she opining about the quality of his work or its utility measured in medical terms. Rather, Lewis is opining that given the services that were performed, a different amount should have been billed according to methodology that reflects commonly accepted pricing and reimbursement methods. A trier of fact may consider Lewis’s lack of medical training when evaluating the weight to be given to her opinion, but that does not make her opinion inadmissible,” she wrote.

The judges also found that Lewis’ affidavit establishes a genuine factual issue as to what amount Jackson may owe, so summary judgment for Trancik was an error. They remanded for further proceedings.

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  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

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  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

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