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Keywords

tortplaintiffdamagesnegligence

tortplaintiff

Related Cases

Gibson v. United States, 406 Mont. 450, 499 P.3d 1165, 2021 MT 309

Facts

In September 2015, Johnny Gibson visited the Central Montana Community Health Center, reporting chest pain and other symptoms. The center did not examine him for heart issues, and he died a week later from a myocardial infarction. His wife, Barbara Gibson, filed a wrongful death and survival action under the Federal Tort Claims Act, and the government conceded negligence. The district court awarded $578,248 but did not award damages for medical expenses that were forgiven by the hospital and ambulance service under their charity care programs.

In September 2015, Johnny Gibson visited the Central Montana Community Health Center, a federally funded health care center in Lewistown, Montana. He reported experiencing chest pain, pain between the shoulder blades, heartburn, and fatigue. The Center's staff did not treat or examine Gibson for potential heart issues before releasing him, and Gibson died one week later from a myocardial infarction at St. Vincent Hospital in Billings, Montana.

Issue

Whether a plaintiff in a survival action can recover the reasonable value of medical care when the costs are written off under a provider's charitable care program, and whether such a write-off qualifies as a collateral source under Montana law.

Under Montana law, for a claim that accrued prior to the effective date of § 27-1-308, MCA (2021), may a plaintiff in a survival action recover the reasonable value of medical care and related services when the costs of such care or services are written off under the provider's charitable care program?

Rule

Under Montana law, a plaintiff in a survival action may not recover the reasonable value of medical care when the costs are wholly written off, and such write-offs do not qualify as collateral sources.

A plaintiff in a survival action may not recover the reasonable value of medical care when the costs are wholly written off.

Analysis

The court applied Montana law, concluding that the charitable write-off of medical expenses did not constitute a payment that could be included in a tort award. The court emphasized that the Estate had not incurred any actual costs for which it could seek recovery, as the providers had forgiven the expenses and held the patient harmless. Therefore, the court found no basis for recovery under the collateral source rule.

The court applied Montana law, concluding that the charitable write-off of medical expenses did not constitute a payment that could be included in a tort award.

Conclusion

The Supreme Court held that the plaintiffs were not entitled to recover the value of written-off medical bills and that such write-offs do not qualify as collateral sources under Montana law.

The Supreme Court held that the plaintiffs were not entitled to recover the value of written-off medical bills.

Who won?

The United States prevailed in the case because the court ruled that the plaintiffs could not recover the written-off medical expenses, as they did not constitute a detriment suffered by the Estate.

The United States prevailed in the case because the court ruled that the plaintiffs could not recover the written-off medical expenses.

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