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Bozeman v. State

Louisiana Supreme Court

879 So. 2d 692 (2004)

Relevant factsFree

Bozeman (plaintiff) suffered severe injuries in a car accident and required a month of hospitalization followed by three years in long-term care until his death. Medicaid paid his approved medical expenses, and under Medicaid rules, his healthcare providers were required to write off a large portion of what they had originally billed. His widow sued the state transportation department for causing the accident through a dangerous highway; the trial court awarded the full original billed amount, but the court of appeals reduced the award by the Medicaid write-off amount, and the widow appealed.

IssueFree

Whether a tort plaintiff may recover damages for medical expenses that were written off by healthcare providers under Medicaid, a program for which the plaintiff paid no premiums.

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