ILNews

Trial court shouldn't have struck expert witness affidavit

Back to TopCommentsE-mailPrintBookmark and Share

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.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Bill Satterlee is, indeed, a true jazz aficionado. Part of my legal career was spent as an associate attorney with Hoeppner, Wagner & Evans in Valparaiso. Bill was instrumental (no pun intended) in introducing me to jazz music, thereby fostering my love for this genre. We would, occasionally, travel to Chicago on weekends and sit in on some outstanding jazz sessions at Andy's on Hubbard Street. Had it not been for Bill's love of jazz music, I never would have had the good fortune of hearing it played live at Andy's. And, most likely, I might never have begun listening to it as much as I do. Thanks, Bill.

  2. The child support award is many times what the custodial parent earns, and exceeds the actual costs of providing for the children's needs. My fiance and I have agreed that if we divorce, that the children will be provided for using a shared checking account like this one(http://www.mediate.com/articles/if_they_can_do_parenting_plans.cfm) to avoid the hidden alimony in Indiana's child support guidelines.

  3. Fiat justitia ruat caelum is a Latin legal phrase, meaning "Let justice be done though the heavens fall." The maxim signifies the belief that justice must be realized regardless of consequences.

  4. Indiana up holds this behavior. the state police know they got it made.

  5. Additional Points: -Civility in the profession: Treating others with respect will not only move others to respect you, it will show a shared respect for the legal system we are all sworn to protect. When attorneys engage in unnecessary personal attacks, they lose the respect and favor of judges, jurors, the person being attacked, and others witnessing or reading the communication. It's not always easy to put anger aside, but if you don't, you will lose respect, credibility, cases, clients & jobs or job opportunities. -Read Rule 22 of the Admission & Discipline Rules. Capture that spirit and apply those principles in your daily work. -Strive to represent clients in a manner that communicates the importance you place on the legal matter you're privileged to handle for them. -There are good lawyers of all ages, but no one is perfect. Older lawyers can learn valuable skills from younger lawyers who tend to be more adept with new technologies that can improve work quality and speed. Older lawyers have already tackled more legal issues and worked through more of the problems encountered when representing clients on various types of legal matters. If there's mutual respect and a willingness to learn from each other, it will help make both attorneys better lawyers. -Erosion of the public trust in lawyers wears down public confidence in the rule of law. Always keep your duty to the profession in mind. -You can learn so much by asking questions & actively listening to instructions and advice from more experienced attorneys, regardless of how many years or decades you've each practiced law. Don't miss out on that chance.

ADVERTISEMENT