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Message
re: Louisiana PI lawyers upset over new law
Posted on 7/14/25 at 6:54 pm to DevilDagNS
Posted on 7/14/25 at 6:54 pm to DevilDagNS
quote:
This is the kind of bullshite we have rationalized in this state, calling it "justice" and we wonder why we are the bottom of the barrel in every category.
Happens everywhere mang. It’s called the collateral source doctrine. It’s the dirty secret of the whole tort system. If Louisiana bans it it will actually be at the forefront as far as I know. I am not sure if any other state has done that.
Posted on 7/14/25 at 7:04 pm to BilbeauTBaggins
Has my eskibros Boosie and SFP chimed in yet?
Posted on 7/14/25 at 7:07 pm to BilbeauTBaggins
It is a crime this isn't the law in the 1st place
Damn it feels dirty having Mckernan pay for LSU athletes
Damn it feels dirty having Mckernan pay for LSU athletes
Posted on 7/14/25 at 7:40 pm to TeddyPadillac
Bullsh*t.
The law applies across the board.
And the seriously injured are the chief victims.
This law benefits the Ins. Companies and the PI lawyers at the expense of the poor people who are actually hurt.
The lobby for the Ins. co.s and l trial lawyers are more in league than people think….
The law applies across the board.
And the seriously injured are the chief victims.
This law benefits the Ins. Companies and the PI lawyers at the expense of the poor people who are actually hurt.
The lobby for the Ins. co.s and l trial lawyers are more in league than people think….
Posted on 7/14/25 at 7:44 pm to BilbeauTBaggins
quote:
Personal injury attorneys, like Chet Boudreaux with Gordon McKernan Injury Attorneys
Are lying scumbags
Posted on 7/14/25 at 8:43 pm to BilbeauTBaggins
"Some of these injuries that we
This Get Gordon lawyer Boudreaux is either incompetent or lying. Obamacare has no limits to coverage. That was a main focus as we were often told that folks with $1M policy did not have enough coverage. Remember, the scare tactics that folks were running out of coverage and being dropped by insurance companies. So,
Obamacare has no limits on what is paid out
And no denying sick people.
quote:
"Some of these injuries that we see exceed a million dollars in medical bills. So when someone is seriously injured, or they need some of their maximum health insurance coverage later, some of that is going to get depleted because of the fault of someone else," Boudreaux said.
This Get Gordon lawyer Boudreaux is either incompetent or lying. Obamacare has no limits to coverage. That was a main focus as we were often told that folks with $1M policy did not have enough coverage. Remember, the scare tactics that folks were running out of coverage and being dropped by insurance companies. So,
Obamacare has no limits on what is paid out
And no denying sick people.
Posted on 7/14/25 at 8:55 pm to BilbeauTBaggins
quote:
exceed a million dollars in medical bills
This is why the new law is necessitated. There is a Pacific Ocean between billed medical rates and actual payment on medicals. If Medical providers aren’t tied to a pre negotiated group health rate or worker’s comp schedule they bill criminal amounts with mixing cpt codes to cover the same item five times over.
You can fix any acute injury for less than $1M short of bringing a brain dead individual back from veg state
Posted on 7/14/25 at 9:07 pm to BilbeauTBaggins
I can only think that if those lawyers are upset, I'm happy. That's without me reading a word.
Posted on 7/14/25 at 9:10 pm to lsuhunt555
quote:
Yet somehow they are entitled to 33%? Sounds like they just need to scale back their cut to 15% so their "client" can pay the bills they have.
Oh snap..if it's such a problem for your injured clients, Gordon...how about 0% for you?
Posted on 7/14/25 at 9:12 pm to BilbeauTBaggins
Good, if they are pissed off then it means this law has some moral depth to it
Posted on 7/14/25 at 9:13 pm to tigersbb
quote:
The cartel of plaintiff attorneys and unscrupulous medical providers work out arrangements for medical bills. The provider bills three times or more what is actually paid and the attoneys present that as their special damages in the case. They can no longer do so as the plaintiff now only recovers what is actually paid.
Yep. It’s a massive scam.
The reporting on the new bill doesn’t even touch on the bigger scam involving medical funding outlets who have prearranged rates with doctors. Doctor bills $15,000 for an ablation, MRI, injection etc knowing he will reduce the rate down to $3,000-$5,000.
The funding company pockets a fee, and the plaintiff and his attorney pocket a big chuck of change from the insurance company—all on a “bill” that was completely made up and was never paid in full.
But by far the worst are the doctors who own or have an ownership interest in the imaging centers, the pain management clinics, and the surgery centers.
They all do business with the Pi attorneys, run up extraordinary bills on imaging, do a few rounds of injections.
If the injections are successful, they say it “confirms” the symptomatic spinal levels and surgery is warranted. If the injections are not successful, it “confirms” the impingement is so great that a fusion or discectomy is warranted—either way, the plaintiff attorney gets a surgery recommendation to attach to the demand letter.
Of course, on the off chance the plaintiff has the spinal surgery, they never feel any better. So more pain management is needed. Possibly a spinal cord stimulator. Oh and they’ll DEFINITELY need an adjacent level fusion 15-20 years down the line.
The people here who criticize tort reform because their insurance premiums didn’t drop overnight have no clue the kind of fraud running rampant in the civil courts.
Posted on 7/14/25 at 9:18 pm to logjamming
Every mile driven on louisiana roads is a mile of playing the ghetto lottery.
Posted on 7/14/25 at 9:18 pm to BilbeauTBaggins
Can we also pass a law so they can’t run all these stupid commercials on TV?
Posted on 7/15/25 at 8:40 am to LSUDUCKMAN67
I honestly don't understand the PI attorney's quotes in the article: if you’re injured in a crash, you’ll be able to recover the actual amount paid for your medical care — not the full amount that was “billed” by a provider. You still get compensated, and the recovery matches what was really spent. The injured person "is made whole."
In many cases, plaintiffs have health insurance, but their lawyers and litigation doctors chose not to use it. Instead, they’d treat under private agreements, and the doctor would bill 2–3 times more than they normally would for the same treatment. Those inflated bills were shown to juries, even though they didn’t reflect what anyone actually paid — or ever would.
I know of one case involving an orthopedic surgeon here in Baton Rouge where there was testimony under oath he charged 300% more for lawsuit patients for hardware used in a surgery (that was purchased from a company that the doctor also had an ownership stake in) than for regular/non-litigation patients. But the appellate wouldn’t let the jury hear that — they said unless the injured person knew what was going on - incurring the costs "in bad faith" - the defense couldn’t bring it up and the jury couldn't hear this evidence.
This law doesn’t punish victims like the PI attorney quoted in the article says. It simply ensures they get back what they actually paid (or what their insurer paid). What it aims to top is the ability to inflate claims to get higher verdicts — which drives up settlements, premiums, and the cost of the system overall.
There's no doublt injured people deserve fair compensation when they’re injured. But that should be based on real losses, not inflated, factitious billing practices most people don’t even know are happening.
The goal isn’t to hurt victims — it’s to make sure the system is honest and fair for everyone.
In many cases, plaintiffs have health insurance, but their lawyers and litigation doctors chose not to use it. Instead, they’d treat under private agreements, and the doctor would bill 2–3 times more than they normally would for the same treatment. Those inflated bills were shown to juries, even though they didn’t reflect what anyone actually paid — or ever would.
I know of one case involving an orthopedic surgeon here in Baton Rouge where there was testimony under oath he charged 300% more for lawsuit patients for hardware used in a surgery (that was purchased from a company that the doctor also had an ownership stake in) than for regular/non-litigation patients. But the appellate wouldn’t let the jury hear that — they said unless the injured person knew what was going on - incurring the costs "in bad faith" - the defense couldn’t bring it up and the jury couldn't hear this evidence.
This law doesn’t punish victims like the PI attorney quoted in the article says. It simply ensures they get back what they actually paid (or what their insurer paid). What it aims to top is the ability to inflate claims to get higher verdicts — which drives up settlements, premiums, and the cost of the system overall.
There's no doublt injured people deserve fair compensation when they’re injured. But that should be based on real losses, not inflated, factitious billing practices most people don’t even know are happening.
The goal isn’t to hurt victims — it’s to make sure the system is honest and fair for everyone.
Posted on 7/15/25 at 9:07 am to Roscoe
quote:
There's no doublt injured people deserve fair compensation when they’re injured. But that should be based on real losses, not inflated, factitious billing practices most people don’t even know are happening.
Yes the idea that you create a bigger and bigger claim by inflating medical bills then when it’s all over you only pay the actual costs and then the lawyers and the injured carve up the extra money is wrong.
The injured person should be made whiole and then awarded for pain and suffering.
This post was edited on 7/15/25 at 10:13 am
Posted on 7/15/25 at 11:37 am to TJG210
quote:
quote:
None of this is an issue when one lives in a nation with universal basic medical insurance....bad old socialized medicine.
Interested in waiting 6 months or longer to see a doctor?
Not a reality. Not in Europe anyway. I worked in Germany for nearly 7 years and was covered by German healthcare. There was no wait time for any service...I could call my dentist by 9 AM and be seen by 2 PM any day of the week. Our daughter was born with a cleft palate (not lip thank goodness) and the only wait we had for repair was waiting on her getting old enough to have the surgery. It cost us a little under 50 euro out of pocket because we used valet instead of self-parking. She was in a private room that had a second private bedroom, a full bath and kitchenette so we could stay with her before and after the surgery. I had 3 elective surgeries while in Europe and each of them were scheduled within a few days of my notifying the surgeon I was ready to do the procedure. The "waiting to see a doctor" idea is not a reality in Europe but it certainly is in the United States. For the insured its worse in the US than Europe, for the uninsured its far worse...they do not exist in Europe.
The fear mongering of European national health care comes from the US insurance industry, it is not based in reality. The issue in the US and in Europe is not one of socialized medicine, the data is solidly in favor of Europe. The problem is that US taxpayers pay for the defense of Europe and that allows European nations to divert resources to stellar health care for everyone, not just those with the means to afford it. No one will say that out loud because it is insulting to Europeans and sounds like anti-militarism to Americans. We have the financial wherewithal to do both and in fact do indeed do both in a round about way that allows lawyers to also feed at the trough in the states by litigation and collection of unpaid medical debt and bankruptcies as a result of medical debt...but god forbid we do what we are actually doing, paying for health care for those who can't or won't, and cutting the lawyers out of the equation, because doing what we are doing would be socialism otherwise. If you doubt this explain the medical debt collection industry in the US compared to the rest of the industrialized world and remember there ain't no free lunch....
Posted on 7/15/25 at 11:56 am to Roscoe
quote:
In many cases, plaintiffs have health insurance, but their lawyers and litigation doctors chose not to use it. Instead, they’d treat under private agreements, and the doctor would bill 2–3 times more than they normally would for the same treatment. Those inflated bills were shown to juries, even though they didn’t reflect what anyone actually paid — or ever would.
Its that simple. There is this massive attempt to cloud and over-complicate the issue, but its a pretty straight-forward scam and its been going on forever.
Also, you really get some insight into how little they think of the average citizen when your whole argument is that you can't claim fake damages and somehow that is unjust. Its the twilight zone. As someone stated, if the plaintiff bar is upset, that usually means its a net win for the citizens
Posted on 7/15/25 at 12:21 pm to tigerskin
quote:
Damn it feels dirty having Mckernan pay for LSU athletes
100% yes.
Posted on 7/15/25 at 12:48 pm to SlowFlowPro
quote:
There was a LASC ruling a few years ago that makes lawyers tell the defense insurer up front if they have similar pre-negotiated rates with their treating docs. PI attorneys used to have pre-negotiated rates with, say, chiros where the chiro would bill $10k, but the attorney knew once the case settled they'd only pay 25-75% of the billed amount. Now THAT was always fraud-ish to me, but it's been fixed by the courts.
Relies on the honesty of the PA in disclosing the Hoffman discounts.
This post was edited on 7/15/25 at 12:48 pm
Posted on 7/15/25 at 2:28 pm to BilbeauTBaggins
I was on a jury and the amount of the medical bills factored into the award for pain and suffering that my fellow jurors wanted to grant.
Knowing the actual amount of the bills is gong to lower overall awards.
Knowing the actual amount of the bills is gong to lower overall awards.
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